The Second Remuneration Right Of "other Authors" Of Film And Television Works In Law

China’s current Copyright Law has finally been revised after ten years,and the revision of the related content of "audio-visual works" has become one of the highlights.In this paper,"movies and TV plays" in audio-visual works are collectively referred to as "film and television works".At present,the distribution mechanism of copyright interests of film and television works is stipulated by the Copyright Law.The copyright of works belongs to the producers,and authors such as directors and screenwriters enjoy the right of authorship and remuneration.Under this kind of benefit distribution mechanism,the author can only rely on the contract signed with the producer before creation to get the agreed labor remuneration.However,in practice,the producer usually leads the signing of the contract,so the income gap between the two is very large.At the same time,the author is separated from the follow-up use and follow-up income of the film and television works,and cannot share the new income brought by the works.In the long run,it will hit the creative enthusiasm of the authors,hinder the long-term healthy development of the film and television industry,and make it difficult to improve the quality of film and television works.The fair remuneration of film and television writers has been paid attention to internationally,and many countries have issued regulations on the right of second remuneration.For example,the French law stipulates that the author can collect remuneration from the producer several times according to the usage of each work;Germany gives the author additional benefit sharing right through law;Through the minimum basic agreement of the American Film and Television Industry Association,the implementation of the second reward system is guaranteed.In addition,with the intensification of competition in the film and television industry all over the world,the market share of European films will shrink year by year before 2019.In order to boost the film industry and promote the development of the film and television industry,the European Union adopted the Digital Single Market Copyright Directive in 2019,which also stipulates that authors have the right to claim additional fair remuneration from producers.In order to solve the above problems and stimulate the overall vitality of the film and television industry,China has tried to establish the "second remuneration right" of film and television authors by law,so as to protect the legitimate interests of the authors.However,after extensive discussion in Chinese academic circles,there are still differences on the related content of this right,and no consensus has been reached.Finally,the current Copyright Law does not establish the second remuneration right of the author of film and television works.Taking into account the unfair income and unequal treatment faced by other film and television authors except producers,this paper takes "other authors" as the research subject,and thinks that China should introduce the second remuneration right of "other authors" of film and television works.Through the in-depth exploration of the distribution mechanism of copyright interests of film and television works in China,this paper provides reasonable suggestions for the establishment and development direction of the author’s second remuneration right in the film and television industry.First of all,establish the right of second remuneration which is a combination of statutory and contractual rights,and this right cannot be excluded by contractual agreements;Secondly,limit the time limit for exercising rights and refer to the time limit for protecting the property rights of works;Then,determine the right calculation standard,in order to achieve the expected income of the producer as the standard;Finally,it is clear that the right subject has the right to know about the use and income of the works.