How to determine the ownership of the copyright of film and television works, and how to identify the copyright holder of film and television works
1. Copyright owners of film and television works How to determine
Film and television works refer to films shot on film, It is a work that is composed of a series of connected pictures or accompanying sounds on a certain material carrier such as tape, and requires the help of certain mechanical devices to project and play. The copyright of film and television works belongs to the producer. Article 15 of the Copyright Law of the People's Republic of China stipulates: The rights to film works and works created using methods similar to filmmaking are enjoyed by the producers. The producers of film and television works enjoy the overall copyright of the film and television works in accordance with the law, but the production of film and television works requires the joint efforts of the authors of scripts, photography, lyrics, etc. From this perspective, film and television works also have the characteristics of jointly created works. Therefore, the second paragraph of this article stipulates: However, authors such as screenwriters, directors, photographers, lyrics, and composers have the right of signature and the right to receive remuneration in accordance with the contract signed with the producer.
"Copyright Law of the People's Republic of China" No. 15 Paragraph 2 of Article 1 refers to the author who can exercise the part alone in a jointly created film and television work and enjoys his/her copyright: the author of the script, music and other works that can be used alone in film works and works created by methods similar to filmmaking is: right to exercise its copyright alone.
The copyright of film and television works belongs to the producer, but the authorship rights belong to the director, screenwriter, lyricist, composer, photographer and other authors who created the film
2. Commission How to determine the copyright owner of a work
A commissioned work refers to Works created by the author upon commission from others. The basis for the creation of commissioned works is a commission contract, which can be oral or written; it can be paid or unpaid. Commissioned works should reflect the will of the client , to achieve the purpose of the client's use of the work. The ownership of the copyright of the commissioned work is agreed upon by the client and the trustee through a contract. If the contract is not explicitly stipulated or no contract is concluded, the copyright belongs to the trustee, but the client enjoys it within the agreed scope of use. The right to use the work;
It should be noted that, The following two types of works are different from commissioned works and have their own specific rules for copyright ownership: First, except for Article 11, paragraph 3, of the Copyright Law, works such as reports and speeches written by others, reviewed and finalized by myself, and published in my own name, The copyright belongs to the reporter or speaker, and the copyright holder may pay appropriate remuneration to the writer. The second is an autobiographical work that the parties agree to complete based on the experience of a specific person. If the parties have an agreement on the ownership of the copyright, the agreement shall prevail; no As agreed, the copyright belongs to the specific person. If the writer or organizer has contributed to the completion of the work, the copyright owner may pay him appropriate remuneration.
The above is the relevant information compiled by the editor of Legal Savior Network for everyone. In summary, we can understand the producers of film and television works The person shall have the right to modify, publish, protect the integrity of the work, use, profit, and transfer the film and television work. If the two parties have not agreed on the scope of use of the work, the client may use the work free of charge within the specific purpose of the commissioned creation.work. If you have any other questions, please feel free to consult online.
