Traditional Culture Encyclopedia - Photography and portraiture - Copyright attribution of film works and TV plays in audio-visual works
Copyright attribution of film works and TV plays in audio-visual works
One is the copyright ownership of film works and TV plays in audio-visual works.
1. The copyright of film works and TV plays in audio-visual works shall be enjoyed by the producers, but writers such as screenwriters, directors, photographers, lyricists and composers shall enjoy the right of authorship and receive remuneration according to the contracts signed with the producers.
2. Legal basis: Copyright Law of People's Republic of China (PRC).
Article 17
The copyright of film works and TV plays in audio-visual works shall be enjoyed by the producers, but writers such as screenwriters, directors, photographers, lyricists and composers shall have the right of authorship and shall be entitled to remuneration according to the contracts signed with the producers.
The copyright ownership of audio-visual works other than those specified in the preceding paragraph shall be agreed by the parties; Where there is no agreement or the agreement is not clear, it shall be enjoyed by the producer, but the author shall enjoy the right of signature and remuneration.
Authors of scripts, music and other works that can be used alone in audio-visual works have the right to exercise their copyright alone.
Second, the legal characteristics of photographic works
The legal characteristics of photographic works are an important factor for photographic works to become the object of copyright protection.
1. Photography is a process of transmitting information. People use photos to express the photographer's understanding and perception of things, his keen sense of events and his flexible and decisive response. Therefore, photographic works are the result of human intellectual creation activities.
2. The image of a photographic work is a coded signal, and the viewer is touched, infected and shocked by its intellectual information. Therefore, photographic works have perceptibility.
3. Photographic works can be reproduced and disseminated objectively by means of remake, printing and development. Therefore, photographic works are repeatable.
4. Photographic works protected by copyright law must be original works in creativity, framing, modeling, composition, darkroom technology and any part of the image. The key for a photo to become a photographic work lies not in its photographic object, purpose and method, but in its originality.
Non-original photos are only the result of the mechanical process completed by the camera and are not protected by law. Plagiarism of photographic works belongs to plagiarism, not originality, and cannot enjoy copyright. So all the photographs are original.
According to the provisions of the Copyright Law, the copyright of film works and TV plays in audio-visual works is enjoyed by producers, but writers such as screenwriters, directors, photographers, lyricists and composers enjoy the right of authorship and are entitled to remuneration according to contracts signed with producers.
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