Research On Copyright Rules Of Audiovisual Works

Article 17 of the Copyright Law of 2020 replaces "cinematographic works and works produced by a process analogous to cinematography" with "audiovisual works",which responds to the protection of new types of audiovisual works.This is a major legislative progress.Although the rules for the protection of audiovisual works have been formally established,there are some problems in the specific design of the rules for the protection of audiovisual works because legislators have some misunderstandings about the scope of "audiovisual works".It is mainly manifested in the vagueness of the concept of audiovisual works,the lack of identification standards of "producer" and "author",and the inability to distinguish "cinematographic works","TV play works" and "other audiovisual works",which makes it difficult to apply the rules of audio-visual works in judicial practice,so it is urgent to clarify the application problems in the supporting measures of copyright law such as the Regulations for the Implementation of Copyright Law.This paper will focus on the application of audiovisual works protection rules,summarizes the concept of audiovisual works,deletes the requirement of "created in analogous shooting cinematographic works",and takes "fixation" as the element of audiovisual works;makes it clear that "producers" of audiovisual works need to organize creation and assume risks and responsibilities;provides a general definition of "author" for audiovisual works;distinguishes the application of different copyright ownership rules by administrative means.So as to promote the effective application of audiovisual protection rules and promote the protection of audiovisual works.This paper is divided into six parts.The introduction points out that new types of audiovisual works need to be protected.Although the new law establishes rules for the protection of audiovisual works,there are obvious problems that are not conducive to the specific application of the rules.Then the relevant research at home and abroad is analyzed and summarized;Finally,the research methods are sorted out and the innovation points are summarized.The first chapter sorts out the origin and development of audiovisual works,introduces the birth of film and the emergence of the concept of audiovisual works,and confirms the consistency of the scope of "cinematographic works and works produced by a process analogous to cinematography" and "audiovisual works" in international conventions and domestic legislation.The second chapter analyzes the status quo and existing problems of the protection rules of audiovisual works.Firstly,there is no definition of the concept of audiovisual works,secondly,there is a lack of identification standards for producers and authors of audiovisual works,thirdly,there are contradictions in the copyright ownership logic of audiovisual works,and finally,it is difficult to distinguish different types of audiovisual works.The third chapter compares different law countries in audiovisual works in the legislation of the difference,inductive different legislation on concept of audiovisual works,identification standards of "producer" and "author" and right belonging from copyright system state and the author rights system state,analyzes the legislative spirit and value pursuit,as a reference of perfecting our country’s audiovisual works protection rules.The fourth chapter puts forward suggestions on the improvement of the protection rules of audiovisual works,clarifying the definition of audiovisual works,determining the identification standards of producers and authors of audiovisual works,differentiating different copyright ownership rules,perfecting the application of "prior agreement" ownership rules,and emphasizing that the copyright ownership of audiovisual works should return to the author.The conclusion affirms the progress in the legislation of audiovisual works,but there are also problems.It is urgent to introduce supporting measures of copyright law,such as the Regulations for the Implementation of Copyright Law,to improve the protection rules of audiovisual works.