| After the amendment of China’s Copyright Law in 2020,audiovisual works were divided into two categories and different rules of ownership were established.What are the drawbacks of this differentiated protection model for copyright ownership of audiovisual works and how China should improve the model for copyright ownership of audiovisual works are the focus of the dissertation.This dissertation is divided into four main parts.The first part mainly analyzes the special features and value objectives of copyright ownership of audiovisual works.The special characteristics of the copyright ownership system of audiovisual works mainly stem from the special creation mechanism of audiovisual works with many creative subjects and huge investment,thus deriving the value objectives of the system construction for simplifying the right structure,protecting the safety of transactions and balancing the investment returns and risks.The second part mainly explores the existing copyright ownership models of audiovisual works in various countries under the two major legal systems.The countries of the copyright law system represented by the United States focus on the protection of economic interests over the works,and thus construct the producer ownership model.This model is mainly based on the principle of ownership of copyright of audiovisual works to the producer,with the exception of ownership to the creator.The author’s rights law system represented by France and Germany considers that the creation of a work reflects the author’s thoughts,feelings and personality,and thus constructs the creator’s ownership model,which is based on the principle that the copyright of audiovisual works is attributed to the creator,with the exception that the copyright law is assigned to the producer.Although there are differences in the systems of ownership of audiovisual works under the two legal systems,the ultimate effect of their construction is the same,which is to transfer the copyright of audiovisual works to the producer or to be exercised by the licensed producer.Article 17 of China’s Copyright Law(2020)adopts a relatively innovative model of differentiated protection for copyright ownership of audiovisual works,under which the copyright of "cinematographic works and television series" is vested in the producer,while "other audiovisual works" are agreed to priority.The third part analyzes the problems of adopting the model of differentiated copyright protection for audiovisual works in China.The distinction between the two types of audiovisual works mainly comes from the legislator’s misunderstanding of the "expanded scope of audiovisual works",and under this misunderstanding,it is difficult to find a scientific standard for the distinction.Allowing the agreement on copyright ownership of "other audiovisual works" will also lead to a complicated structure of rights in audiovisual works,reduce the efficiency of the transaction of works,and is not conducive to the security of the transaction of "other audiovisual works",and will have a negative effect on the ownership of performers’ rights in audiovisual works.The fourth part discusses the structure of rights in audiovisual works in China.The fourth part mainly discusses how to improve the copyright ownership system of audiovisual works in China.In terms of the construction concept of the system,it should always be based on the primary principle of guaranteeing the safety of transactions and adapting to the creation mechanism.Therefore,when the law is next revised,the copyright ownership system of audiovisual works in China should adopt the statutory ownership model to the producer,and attribute the copyright of audiovisual works to the producer,which is conducive to simplifying the right structure,and at the same time safeguarding the security of transactions and protecting the interests of investors.Before the amendment of the law,in order to make up for the problems caused by the differentiated protection mode of copyright ownership of audiovisual works,consideration can be given to expanding the scope of " cinematographic works and TV series works" by reflecting the creation mechanism of audiovisual works in the Implementing Regulations of the Copyright Law,and also including only the video game images into the scope of "other audiovisual works" can be limited by including only video game images in the scope of "other audiovisual works".It can also be clearly stipulated in the Implementing Regulations of the Copyright Law or relevant judicial interpretations that the performer’s rights of audiovisual works are vested in the producers,so as to reduce the negative impact of the existing model on the audiovisual industry. |
