Research On The Construction Of The "secondary Right To Remuneration" System For Audiovisual Works

The "secondary right to remuneration" of audiovisual works is the right that involves the distribution of the major interests of the director,screenwriter,composer,performer and producer.With the economic development and social progress,China's "copyright law" has been revised again.The second revision of the “Copyright Law” draft made the concept of “secondary right to remuneration” for the first time,which led to heated discussions in the academic and film and television industries.The main focus of hot discussion is: First,the nature of the "secondary right to compensation." Whether "secondary compensation right" belongs to the category of copyright and the specific characteristics of rights.This article believes that the "secondary right to remuneration" is not a right in the scope of copyright,and this right is not exclusive.Second,whether it should be set as a legal right.Law is one of the many rules for adjusting social relations.The necessity is reflected in the fact that other rules cannot be adjusted and are objectively needed.When the “secondary compensation right” can be adjusted with the existing system,careful consideration should be given to setting a new system.Third,the rights and obligations of the main body.The determination of the subject is based on the premise of clarifying the relationship of rights,and the relationship of rights is a legal relationship.Directors,screenwriters,lyricists,performers,and their relationship with producers are cooperative relationships,labor employment relationships,or commissioned relationships.It should be defined according to the specific circumstances.Fourth,the relationship between audiovisual works and existing works.The relationship between audiovisual works and existing works cannot also be generalized and should be specifically analyzed.Countries in the world have different cultural arrangements,institutional preferences,and different economic development conditions.The institutional arrangements for the "secondary right to remuneration" are very different.The article comparatively studied the extra-territorial and China's current relevant legislation,analyzed the legal logic of different systems,studied China's current "secondary compensation right" related system,and pointed out its inadequacies.Finally,make arrangements for institutional arrangements for the "secondary compensation right" benefits.The imperfection of the system is the main cause of the dispute for"secondary right to remuneration”.The discovery of the inadequacies of the existing laws and regulations and the improvement of it are effective ways to avoid and resolve the dispute for "secondary compensation right".The article is mainly divided into the following sections.The first section is an overview of the legislative and research status of the “secondary compensation right” for audiovisual works outside the domain.Through collecting and analyzing the current legislative status quo of the major countries in the world on the "right of secondary compensation",studying the logic and legal basis behind it,and abstracting out the thinking and suggestions on the legislation of the "secondary compensation right" of audiovisual works in China.The second section is the analysis of the issues related to the establishment of the "secondary compensation right" system.Including the definition and understanding of the concept of "secondary compensation right",the definition of "audiovisual works",the definition of the authors for "audiovisual works",the definition of "audiovisual works" and the original works,and the "secondary compensation right" nature of audiovisual works discuss.Through the discussion of the above issues,the legal relationship of the relevant subjects is streamlined.The third section is the analysis of the attribution of the interests involved in the “secondary compensation right”.The attribution of interest is the focus of the "secondary compensation right" dispute.The article discusses the issue of the benefits and benefits of secondary compensation rights from the economic,moral,and cultural levels.The fourth sector is the deficiency of China's relevant provisions on "secondary compensation rights."With the revision of the "Copyright Law" and the submission of a draft as a material,the article has studied its major shortcomings.The fifth section is the proposal for the "secondary remuneration" system in China.