影视作品著作权归属认定问题研究

发布时间：2018-04-30 01:38

本文选题：影视作品 + 署名　；参考：《中国社会科学院研究生院》2011年硕士论文

【摘要】：影视作品主要包括电视剧作品和电影作品,其属于我国著作权法上规定的“电影或以类似摄制电影的方法创作的作品”,我国《著作权法实施条例》把“电影作品和以类似摄制电影的方法创作的作品”定义为“摄制在一定介质上,由一系列有伴音或者无伴音的画面组成,并且借助适当装置放映或者以其他方式传播的作品”。把“摄制”做为影视作品的条件之一,是否属于影视作品与制作手段无关,对影视作品的定义需要进行重新的界定。影视作品是一类比较特殊的作品,其创作过程比较复杂,作者包括制片者、导演、编剧,作词作曲、摄影、演员等等,著作权归属于作者是著作权法关于作品著作权归属的一般原则,但考虑到影视行业特殊的商业运作模式,一部影视剧的制作通常需要巨大的投资,投资者面临巨大的商业风险,为简化权利结构、明晰权利归属、即利于权利的保护,又利于权利的行使,各国著作权法都对影视作品的著作权归属做了专门的规定,我国著作权即规定,影视作品的著作权归属于制片者,世界上多数国家在此问题上都做了不同于著作权归属一般原则的规定,之所以做出这样的规定,是为了避免了确定影视作品作者身份的麻烦;把著作权统一规定归制片者所有,有利于影视作品的市场化利用,此外,在影视作品的侵权案件中,也可以避免出现多个主体的诉讼和众多的索赔。我国著作权法关于影视作品著作权归属的规定是非常明确的,但是由于我国目前影视行业署名情况比较混乱,相关行政法规也没有规定影视作品上的何种署名对应于著作权上规定的“制片者”,导致著作权法上所说的“制片者”在实践中没有统一的对应署名方式。因此实践中在以署名做为判定权属初步依据时,存在不同的标准。这不仅给司法审判中法官审查作品的权属带来了麻烦,而且也给著作权法交易造成了极大的不便。要解决这一问题,必须对影视行业的现状给予过多关注,目前,已经有部分影视剧在片尾标注著作权法归属声明,加注著作权法归属声明是影视行业为了避免因署名的混乱而对影视剧交易产生不必要的麻烦所采取的一种做法,影视作品的著作权法归属声明,可以做来认定著作权归属的标准,一方面,建议相关行政法规规定以后制作的影视剧的片头或片尾必须加注著作权法归属声明,做出著作权法归属声明的主体视为著作权法上规定的“制片者”,另一方面,在著作权法归属声明这一署名得到规范化的前提前,才可统一司法认定标准,即在无相反证据的情况下,做出著作权法归属声明的单位视为著作权法上的“制片者”。
[Abstract]:Film and television works mainly include TV works and film works, which belong to "movies or works created in a similar way to films" as stipulated in the copyright law of our country. The regulations on the implementation of the copyright Law of China define "film works and works created in a similar way to film production" as "film production on a certain medium, consisting of a series of pictures with or without accompanying sound." And by means of appropriate devices for projection or other means of dissemination of the work. " Taking "filming" as one of the conditions of the film and television works, whether it belongs to the film or television works is independent of the means of production, so the definition of the film and television works needs to be redefined. Film and television works are a kind of relatively special works, and their creative process is quite complicated. The authors include filmmakers, directors, screenwriters, lyricists, photographers, actors and so on. The author is the general principle of copyright ownership in the copyright law, but considering the special commercial operation mode of the film and television industry, the production of a film and TV play usually requires a huge investment, and the investors are faced with enormous commercial risks. In order to simplify the structure of rights and clarify the ownership of rights, which is conducive to the protection of rights and the exercise of rights, copyright laws of all countries have made special provisions on the attribution of copyright in film and television works, and copyright is stipulated in our country. The copyright of the film and TV works belongs to the filmmakers. Most countries in the world have made different regulations on this issue, which are different from the general principles of copyright attribution. The reason for making this provision is to avoid the trouble of determining the identity of the author of the film and television works; The unified regulation of copyright belongs to the filmmaker, which is beneficial to the market-oriented utilization of the film and television works. In addition, in the case of infringement of the film and television works, the litigation of many subjects and numerous claims can also be avoided. The provisions of the copyright Law on the ownership of the copyright of film and television works are very clear, but because of the confusion in the signing of the film and television industry in our country at present, The relevant administrative regulations have not stipulated which signature on the film and television works corresponds to the "producer" in the copyright regulation, which leads to the fact that the "producer" in the copyright law does not have a unified corresponding signature method in practice. Therefore, in practice, there are different standards when using signature as the preliminary basis for the determination of ownership. This not only brings trouble to the judge to examine the ownership of works, but also causes great inconvenience to the transaction of copyright law. To solve this problem, we must pay too much attention to the current situation of the film and television industry. At present, some film and television plays have already marked the copyright law attribution statement at the end of the film. The copyright Law attribution statement is a practice adopted by the film and television industry in order to avoid unnecessary trouble in the film and TV series transactions caused by the confusion of signature. The copyright law attribution statement of the film and television works, On the one hand, it is suggested that the relevant administrative regulations stipulate that the beginning or end of a film or television play produced in the future must be marked with a statement of ownership of copyright law. The subject who makes the attribution declaration of copyright law is regarded as the "producer" as stipulated in the copyright law. On the other hand, before the signature of the copyright law attribution statement is standardized, the standard of judicial recognition can be unified. In the absence of evidence to the contrary, the unit that makes the declaration of ownership of copyright law is regarded as the producer of copyright law.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923.41

【引证文献】