| In the current copyright law of our country,the types of works are mainly defined from the expression forms of works.But in addition to the definition of film works from the form of expression,the definition of film works in China also adds the limitation of creation methods,such as "the method similar to film making" or "shooting on a certain medium",which means that if a work wants to become a film work in China,it must be created in the way of "shooting".With the development of science and technology,new types of works continue to appear,such as flash animation,live game,micro film and so on.Some of these works don't need to be made by shooting.And these works have some originality,even have great economic value in the Internet communication,in line with the requirements of copyright law protection.However,these works are hard to find their own position in the copyright law under the requirement of the creative method of "photographing".In this case,the concept of "audio-visual works" with broader connotation is put forward in the third amendment draft of copyright law.The concept of audio-visual works in China does not appear suddenly,but has a process of evolution.This paper takes audio-visual works as the research object.With the establishment of copyright law as the starting point,the development process of audiovisual works in China is divided into three stages.Through the analysis of industrial situation,technical environment and legal regulation in each stage,this paper explores the evolution process of the concept of "audiovisual works" in China.The first part of the paper describes the concept of audio-visual works in foreign legislation.The concept of "audiovisual works" was first proposed by foreign countries.In this part,by analyzing the definitions of "audiovisual works" in different countries,we can roughly understand several different voices about how to define "audiovisual works" in the world.The second part is the first stage of the evolution of the concept of audiovisual works in China(1991-2000).The audience group of radio and television media is gradually expanding,and films,television and video works are the main types of audio-visual works in this period.During this period,China's copyright law has just been promulgated,copyright protection is still in its infancy,and various regulatory systems have been initially established.The third part is the second stage of the concept evolution of audiovisual works in China(2001-2011).The emergence of new audio-visual media has gradually changed people's living habits.With the support of new technology,all kinds of new audio-visual works are emerging.After the second revision of copyright law in 2001,the concept of "electronic works" was added,including some new types of works,such as MTV.At this time,China's laws and regulations gradually improve.The fourth part is the third stage of the concept evolution of audiovisual works in China(2011-2019).In this stage,China's Internet is developing rapidly,the Internet audio-visual industry is growing,and various new types of works are emerging.It is also at this time that China's copyright law began to be revised for the third time.In the revised draft,the concept of "movie works" and "electronic works" is replaced by "audio-visual works".Although the revised draft is still in the stage of consultation,it is also of great significance to the copyright of audio-visual works in China.This paper hopes to explore the relationship between the development of media technology and the copyright protection of audiovisual works through the analysis of these three stages,and try to understand what should be paid attention to in the legislation of copyright protection of audiovisual works in the future through the analysis of copyright disputes of audiovisual works,so as to contribute a little to the future development of audiovisual industry in China. |
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