| The new network communication architecture of "cloud-network-terminal" continues to upgrade and optimize,and technology iteration has brought profound changes to the audiovisual industry.New audiovisual programs,led by short videos,are emerging.In 2020,the third amendment to the Copyright Law changed the term "cinematographic works to which are assimilated works expressed by a process analogous to cinematography" to "audiovisual works",and set rules for classifying and applying the rights of films,TV plays and other audiovisual works.But the concept of audiovisual works and the standards for the classification are not clear,which reduces the operability of the audiovisual works copyright ownership and application process.At the same time,Copyright Law directly grants copyrights to audiovisual works of producers who are not the authors of films and TV plays.This rule of right attribution,which lacks logic and justice,has been hotly debated by the academic community.In addition,the revised law has once again triggered heated debate by stipulating that the copyright ownership of "other audiovisual works" should be pre-agreed.The interweaving of old and new problems makes research on copyright ownership of audiovisual works has certain urgency and practical significance.Apart from the introduction,this paper is divided into four parts.The first part defines the concept of audiovisual works from the normative elements of audiovisual works: audiovisual works are composed of a series of images with or without accompanying sounds,and can be perceived with the help of appropriate technical equipment.To expounding the important influence on the copyright ownership of audiovisual works due to the outstanding value of the attribute of commercialization,the diversity of types,and the compound feature of attributes,it also makes legislative arrangement for the copyright ownership of audiovisual works in our country different from that of other copyright objects.The second part,on the basis of defining the concept of audiovisual works,sorts out the rules of the ownership of rights of audiovisual works and points out its existing problems.First,the rules of attribution of rights to audiovisual works violate authoritarianism.Second,the rules of attribution of copyright to "other audiovisual works" are unclear.Third,the classification standards of audiovisual works are missing.Fourth,the definition of the scope of producers and authors of audiovisual works is vague.Fifth,the definition of "works that can be used alone" is unclear.The third part is to combs the legislation and practical experience of relevant international conventions and foreign countries on the ownership system of audiovisual works copyright,focus on analyzing the national audiovisual works copyright attribution system of author rights system,and to improve the system of audiovisual works copyright attribution system.The fourth part puts forward corresponding improvement suggestions for the problems of copyright ownership of audiovisual works.From the benefit balance and incentive theory to find theoretical support for producers to enjoy copyright,through the "constructive transfer" system to give producers to enjoy copyright logic justice.The registration system of copyright change when the ownership of rights of audiovisual works changes should be refined,and the specific applicable principles for the ownership of rights of other audiovisual works should be distinguished according to the subject of rights,so as to reduce the risk of unclear ownership of rights caused by the ownership rules of rights of other audiovisual works.In view of the classification standard of audiovisual works,this paper proposes to divide audiovisual works according to the administrative standard and the dualistic classification mode which applies to the basic characteristics of films and TV plays,so as to enhance the operability of copyright ownership of audiovisual works.At the same time,it defines the identification of "producer" and author in audiovisual works,as well as the scope and rules of use of work that can be used alone. |
