| The development of creation technology and the richness of dissemination channels of audiovisual works have made the audiovisual industry prosperous as never before,but at the same time,the dynamic creation and dissemination have brought many challenges to the relatively static copyright protection program of audiovisual works.The new Copyright Law distinguishes audiovisual works into movie works,TV series works and other audiovisual works to meet the needs of the times,but the new Copyright Law does not clarify the concept of audiovisual works,the judgment of originality and other issues.Combining the text of the new Copyright Law and the practice of copyright protection of audiovisual works in China,we conclude that there are three problems of copyright protection of audiovisual works in China before,during and afterwards,namely the problem of judging originality,the problem of ownership and the problem of infringement governance.For the issue of judging the originality of audiovisual works,the elements,standards and methods of judging the originality of traditional film and television works and other audiovisual works should be clarified respectively;for the issue of ownership of audiovisual works,the connotation of producer,the effect of agreement on ownership and the application of rules in case of conflicting ownership of other audiovisual works should be clarified;for the issue of governance of infringement of audiovisual works,we should learn from overseas experience,strengthen the responsibility of platform,play a good role of For the governance of infringement of audiovisual works,we should learn from overseas experience,strengthen the responsibility of platforms,play a good role in the prohibition of intellectual property rights,and encourage joint governance by multiple parties. |