Copyright ownership of audio-visual works

The copyright of audio-visual works shall be enjoyed by the producers. The author of the copyright of a film and television work that can be used alone has the right to use his work alone. Works refer to scripts, music, etc. And the independent exercise of copyright refers to the use of film and television works in other ways. The author in the legal sense is the subject who can enjoy copyright according to the provisions of the copyright law, and the object of copyright is the work, which refers to the intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science. A work in the legal sense has the following conditions: originality and tangible expression. China adopts the principle of automatic acquisition, and when a work is completed, as long as it meets the legal conditions of the work, it will produce copyright. The copyright owner may apply to the copyright administration department of China for copyright registration, but registration is not a statutory condition for the creation of copyright. The work registration procedure only examines the ownership information of the work in form, and generally only plays the role of preliminarily proving the ownership of copyright.

Article 17 of the Copyright Law of People's Republic of China (PRC) stipulates that the copyright of film works and TV plays in audio-visual works shall be enjoyed by the producers, but writers, directors, photographers, lyricists, composers and other authors shall enjoy the right of authorship and receive 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.

Can copyright be transferred?

Copyright can be transferred, but only property rights such as distribution and reproduction can be transferred. The rights transfer contract includes the following main contents:

1, name of the work;

2, the geographical scope of the right transfer;

3. Transfer price;

4. Date and method of delivery of the transfer price;

5. Liability for breach of contract;

6. Other contents agreed upon by both parties. Copyright transfer refers to the legal act that the copyright owner transfers all or part of the property rights in the copyright to others with or without compensation. This transfer can usually be accomplished by purchase, sale, exchange, gift or bequest.