| As a type of work with special characteristics,the creating of audiovisual works not only demands plenty of creators to invest in creativity,but also relies on the input of non-creative costs,so there is a problem of how to allocate the interests of investors and creators in audiovisual works.By analyzing the copyright ownership of audiovisual works of China’s Copyright Law,it will be fond that there are the imbalance of interests in reality:from the perspective of the relevant concepts of copyright in audiovisual works,the identity of authors is chaotic and the definition of author doesn’t clarify yet,and the concept of producers is also quite different from practice and ambiguous.Besides,it also causes the current copyright ownership system of audiovisual works to be deficient in moral rights which is from the author’s right system,and be different from the principle that copyright belongs to the author.And the protection of investors is far greater than the protection of creators,so that the interests of authors are restricted.The interests of the two sides are quite far-away.This paper,starting from the basic law and system of Copyright Law of China,combined with the practice of audiovisual works industry and the related judicial practice in China,compared with the relevant legislation and system design in various foreign jurisdictions,try to analyze the ownership of audiovisual works.First of all,it is worth making it clear-cut that although the basic idea of our copyright law has base on the author’s rights system,the audiovisual works must be assisted by lots of funds and other non-creative cost due to their particularity,and the economic value of audiovisual works is of increasingly importance,so the distribution of benefits from the perspective of economic incentives and practice is an important issue of the copyright ownership of audiovisual works.Secondly,the characteristics of the author rights require the affirmation of the creating value of the creator so while balancing the interest relationship,we should also pay attention to the analysis and definition of the author’s personality interests.And finally,we should find a balance between investors and creators in audiovisual works of the copyright system under its connotation,and try to give some suggestions for the copyright attribution system for the current audiovisual works.The first chapter is to put forward the problems that it is of unbalance between investors and creators,and the defect in legal instrument which is led by the former in the copyright ownership system of audiovisual works in China through interpretation of the rules of the current law,including the problem of ambiguity in the classification standards brought about by the revision and the problems existing in the old and new systems institution.The second chapter is to carry out an explicitness about the principals and the factors of a specific analysis:first,try to determine the value orientation of China’s Copyright Law and the copyright ownership system of audiovisual works by analyzing the principal provision of the Copyright Law and the variation of every draft through 3rdrevision of the Copyright Law.Secondly,discuss whether the classification of audiovisual works is necessary to explore,that is,whether the classification of audiovisual works is necessary to complete the accurate provisions of ownership of rights or whether classification is conducive to the clear the provisions.At last,through the analysis and comparison of the ownership of audiovisual works in the typical countries the countries of the author’s right system and copyright law system,look for worth reference in two legal systems for our country.The third chapter is to take a theoretical and practical analysis about the main factors of the copyright ownership system of audiovisual works.First,analyze the industry characteristics under the audiovisual works and the role of so-called producers in the audiovisual works industry,explore the rationality of copyright acquisition of producers in the perspective of the economic value of copyright;Second,in specific audiovisual works,analyze the relationship between investors and creators,and between creators,try to analyze the role of creators in the audiovisual works creating,and then look for the creator’s demands for copyright and the rationality of obtaining rights;Third,analyze the balance rationality of the interests of investors and creators,and try to find the balance between above two,so that give the system of ownership of audiovisual works an orientation,in the perspectives of copyright theory and legal economics.The fourth chapter,according to those analyzing and China’s legal tradition and actual situation,try to make a certain extent of adjustments to China’s audiovisual works copyright ownership to improve the unbalance between the investors and creators;and to build a secondary right of remuneration in audiovisual work to ensure the interests of all creators in the subsequent distribution of audiovisual works,with an expectation to further narrow the gap of interests between the investors and creators and take a positive role in this institution. |
