The regulations on film works are basically consistent with the provisions of my country’s Copyright Law before and after the revision. The regulations on copyright ownership of film works are also consistent with general foreign practices and conventions. We adopt the approach of civil law countries. According to the principle of copyright arising from creation, it should first be recognized that film works or works created by methods similar to filmmaking are created by authors such as screenwriters, directors, photographers, lyrics, and composers. Considering the huge investment of the producer and the commercial operation of the film, giving the copyright of the film to the producer is, in theory, a legal transfer of the copyright to the producer. However, authors such as screenwriters, directors, photographers, lyrics, and composers still have the right to authorize the work. The copyright law before the amendment did not stipulate the right of film authors to receive remuneration. This does not mean that film authors do not have this right. In fact, the issue of remuneration can be resolved through negotiation between the producer and the screenwriter, director, photographer and other authors at the beginning of their cooperation. of. This revision of the Copyright Law clearly stipulates the rights of film authors to receive remuneration based on the deliberation opinions of the Standing Committee and the opinions of relevant parties. With the reform and opening up, independent producers and professional production investment companies emerged, film production has also moved towards the market, and the film industry can also operate according to the market. Authors such as screenwriters, directors, cinematographers, lyrics, and composers can negotiate with the producers on remuneration. They can pay them in one lump sum or draw them proportionally from the distribution and screening of the film.
Film works, like other copyrighted works by legal persons, have issues of overall copyright and individual copyright of the author. This especially involves screenwriters, lyricists, composers and other authors. Although their scripts, lyrics and musical works may have been specially created for the filming of the film, they can also be used for other purposes, as long as they do not conflict with the exercise of the copyright of the film work. For example, screenwriters can publish their scripts separately, and songwriters can also make separate records of their works. The producer's exercise of copyright in a film work cannot exceed the reasonable limits of the normal commercial operation of the film. Exceeding this limit may infringe the rights of the film author, unless these rights are obtained in the contract with the film author. For example, if a music author only transfers the rights to use his work in a film, the producer cannot make a recording of it unless he obtains authorization from the music author. This is a general principle and a common practice. For example, Article 49 of the Italian Copyright Law stipulates: “The author of the literary or musical part of a film work may additionally reproduce or use that part in any way without prejudice to the producer’s exercise of the right of use.” Therefore. , Paragraph 2 of this article also stipulates that scripts, music, etc. in film works can be used independentlyThe author has the right to exercise his or her copyright alone.
