What are the differences between the copyrights of interpretation works and film and television works?

Copyright dispute cases are generally one type of civil cases. The time limit for litigation is two years from the date when the right holder knows or should know that the civil rights have been infringed upon, and files a lawsuit to protect the civil rights in the people's court within two years. So, what are the differences between the copyrights of interpretation works and film and television works? The editor of Legal Savior Network has compiled the following content, hoping it will be helpful to you.

What are the differences between the copyrights of interpretation works and film and television works

1. Differences in concepts

1. The concept of copyright in derivative works

Article 12 of the "Copyright Law of the People's Republic of China" stipulates: "The copyright of works resulting from the adaptation, translation, annotation, and arrangement of existing works shall be enjoyed by the person who adapted, translated, annotated, and arranged them, but the original work shall not be infringed upon when exercising the copyright. "Copyright." This article clarifies that when the author of a derivative work re-creates the original work, he must obtain the consent of the original author in advance and pay remuneration in accordance with regulations. At the same time, the original author still enjoys the right of signature, and the re-creator shall not If the work is distorted, tampered with, etc., if the creator of the derivative work is re-creating a work that has exceeded the protection period, he does not need to obtain the original author's consent and does not need to pay remuneration, but the original author's right of signature shall not be infringed, and the work The right not to be distorted or tampered with shall be infringed.

When the author of the work is adapting, translating, annotating, and organizing the work, others can also adapt, translate, annotate, and organize the work. , the authors of each interpretation work have separate copyright rights to the interpretation works they create.

2. The concept of copyright in film and television works

The term film and television works is not introduced in my country's current relevant laws and regulations. In the Copyright Law of the People's Republic of China, the expression "film works and works created in a manner similar to filmmaking" is used.

2. The difference between attribution and exercise

1. Attribution of copyright in derivative works and exercise

The act of interpretation is the creative labor of the interpreter and an important way of creation. The new works produced by interpretation creation, The copyright is enjoyed by the performer, but the copyright of the original work must not be infringed upon when exercising the copyright.

Derivative works are based on existing works Works derived from creative work are an important method of disseminating the original work. Although the interpretation work is a derivative work of the original work, it does not simply copy the original work, but expresses the original work in a new form of ideological expression. The performer is required to produce new works through creative labor based on a correct understanding and grasp of the original work. Therefore, the copyright of the performed work is enjoyed by the author of the performed work.

2. Ownership and exercise of copyright in film and television works

Generally, the author owns the copyright of his creative work Copyright. However, in some special cases, because the work is produced in a special way or belongs to a special type of work, there are special regulations on the ownership of copyright. Film and television works belong to a special type of work, and their copyrights are enjoyed by the producers.

Theater screening, TV broadcasting and audio-visual product publishing are the three main ways for film and television works to be disseminated in traditional fields. Film distribution is like production Similarly, it is also necessary to obtain the "Film Distribution License" issued by the film administrative department of the State Council. The distribution of movies is mainly carried out by the film copyright holder entrusting a film distribution company with relevant qualifications or by itself through the cinema chain to its affiliated theaters. . From the perspective of the exercise of copyright, the main use is the screening right of the film. When broadcasting film and television works, TV stations use the broadcasting rights of the film and television works. However, when the rights holder transfers or licenses the use of the work, it usually directly indicates "television broadcasting rights". " instead of using the "broadcasting rights" stipulated in the law. In this way, the scope of authorization is defined in a specific way of use, which is more clear and certain. The publication of audio and video products uses the reproduction rights and distribution rights of film and television works. When the rights holder authorizes, he also The use of these two rights will be clearly defined within the scope of publishing audio and video products.

The above knowledge is the editor’s answer to the question “What are the differences between the copyrights of interpretation works and film and television works?” If you need more legal help, Welcome to Legal Savior Network for legal consultation.