What are the standards for identifying the attribution of film and television works in my country’s copyright law
Film works and similar methods of making films The copyright of the created work is owned by the producer, but the screenwriter, director, photographer, lyricist, composer, etc. have the right to authorize the work and are entitled to receive remuneration in accordance with the contract signed with the producer.
"Copyright Law"Article 15 The copyright of film works and works created by methods similar to filmmaking is enjoyed by the producer, but the screenwriter, Authors such as directors, photographers, lyrics, and composers have the right to sign and are entitled to receive remuneration in accordance with the contract signed with the producer.
Film works and creations using methods similar to filmmaking The author of a work in which scripts, music, etc. can be used independently has the right to exercise his or her copyright alone.
As far as legal ownership is concerned, my country's legislative model is different from the legislative provisions of the above-mentioned countries. First of all, the copyright of film works belongs to the producer. In our country,Those who participate in the creation of the film share the identity right in the film work - the right of authorship. This is different from the American contract adjustment model which only lists the right to obtain remuneration according to the contract. Instead, it is somewhat similar to the French legislative model that lists all types of participants as copyright holders. , at the same time, it also stipulates that "the authors of scripts and music have separate copyrights", which makes the identification of different situations more detailed and the scope of protection broader. Therefore, the copyright ownership of film works constructed in my country’s copyright law actually takes into consideration the interests of “producers”, “participating creators” and “authors of independent works”.
This legislative model should theoretically be said to be " win-win". Because movies are different from other works, they are not written independently like a novelist in his study. A film is an artistic work created by the participation of a large number of people. Secondly, the production of a film must cost a huge amount of money. In addition, the film work itself is a finished product, and it is the creator of the work in the form of a book or a manuscript. different. Based on the above characteristics, in order to protect the rights of film copyright owners, it is more desirable to unify the economic exploitation rights of films to the film producers, so as to make the utilization of film works easier and increase the reflection of economic benefits to the copyright owners. . The provisions of my country's Copyright Law on the ownership of copyrights of film works can be said to not only facilitate the dissemination of film works and benefit investors and the public, but also protect the spiritual and property interests of participants through the right of signature and the right to obtain remuneration. That is to say, generally in In a film work, the legal person or natural person named "producer" should be presumed to be the copyright owner of the film work.
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