The Study On Copyright Of Virtual Imaging Performance

In recent years,virtual imaging technology has been widely used in many large-scale stage performance activities.This technology is used to project digital images of stars onto the stage for performance by performance units,bringing new audio-visual experience for the audience.However,while the virtual imaging technology is widely used,the copyright law of our country is under some impact and the legal issues behind the virtual imaging performances have attracted the attention of scholars.As to whether virtual imaging performance belongs to the works protected by copyright law,and how to divide the copyright,there have been different opinions in the academic circle.Due to the hysteresis of law,the current law does not make clear provisions on virtual imaging performance,which leads to different court decisions when there are legal disputes over virtual imaging performance.Therefore,it is of theoretical and practical significance to discuss the copyright issues related to virtual imaging performance under the existing legal framework.As a new visual "work" different from traditional film works,the legal attribute of virtual imaging performance should be defined first,so as to continue to explore other copyright issues.The works defined in Chinese Copyright Law include three components: intellectual achievement attribute,originality,and ability to be expressed in a certain form,and virtual imaging performance conforms to the above components,so they belong to the works protected by Copyright Law.There are five views on the types of virtual imaging performance: Video products,music and dance works,electronic works,audiovisual works,and computer software,the virtual imaging performance is divided into two parts: image part and stage image part.The image part can be classified as audiovisual works,while the stage image part can be protected as intellectual achievement.If the two parts are protected as a whole,So virtual imaging performance as a whole is more suitable to be classified as audiovisual works.Virtual imaging performance mainly involves investors,production companies,performance planning teams and "people in China" four stakeholders.The ownership of copyright shall first be agreed between the investors and the production company.If the contract is not agreed or the agreement is unclear,the copyright shall belong to the investors,and the director and screenwriter shall enjoy the right of authorship.The "people in the middle" are real performers and enjoy the rights of performers.Finally,in view of the above copyright issues involved in Chinese virtual imaging performance,we can start from two aspects: one is to explore the unified judicial identification standards for the copyright of virtual imaging performance,which is mainly the original identification standards;the other is to sort out the legal relations and rights division of various subjects in virtual imaging performance,and construct the copyright ownership system of virtual imaging performance.Although virtual imaging performance is a new commercial performance mode,in order to better solve the copyright dispute of virtual imaging performance in China,we still strive to find a solution under the existing legal framework.