What are the copyright owners of film works
According to the "Copyright Law", the copyright of film works is controlled by Movie owners enjoy. The production of film works is a relatively complex and systematic intellectual creation process. According to the principle of creation generating copyright, it should first be recognized that film works are jointly created by screenwriters, directors, photographers, lyrics, composers and other authors. However, in reality, Taking into account the huge investment of producers and the commercial operation of film works, the law gives the copyright of film works to producers, that is, the copyright is legally transferred to the producers. However, screenwriters, directors, photographers, lyrics, Authors such as composers still have the right of authorship and the right to be remunerated according to the contract signed with the producer.
Film works are works under the Copyright Law Within the scope of the copyright, the rights enjoyed by the producer are a complete copyright, and the producer enjoys multiple personal rights and property rights in the copyright.
Concept of film works
Movie works, including film works and similarWorks created using a film-like method refer to works that are shot on a certain medium and consist of a series of pictures with and without accompanying sound, and are projected, played or otherwise disseminated with the help of appropriate devices. Such works include documentaries, TV series, cartoons, feature films, scientific and educational films, art films, etc.
Generally speaking, film works have three elements : First, the work consists of a series of images or pictures; second, the work can display audio or video in some continuous way; third, it can form a dynamic audio or video when the image or picture is projected.
Analysis of rights related to film works
1. Use of copyright in individual works and fair use by the producer Limitations
Film-like works are jointly created by relevant rights holders , so there are overall copyrights for film works and copyrights for individual works. The Copyright Law stipulates that the author of works such as scripts and music in film works that can be used alone has the right to exercise their copyright alone. Screenwriters, lyricists, composers, etc., their scripts, lyrics, and musical works can also be used for other purposes. For example, screenwriters and authors can publish their scripts, and songwriters can also make separate records of their works; in cartoons The script, music, character design, etc. can also be used independently. However, the use of the copyright of a separate work must not conflict with the exercise of the copyright of a film work, and must not violate the contract with the producer.
At the same time, the producer exercises the copyright of the film work , and cannot exceed the reasonable limits for normal commercial operations of film works. Exceeding this limit may infringe on the rights of the creator, unless these rights are obtained in the contract with the creator. For example, if the soundThe composer only transfers the right to use his work in the film, and the producer cannot make a record of it.
2. Related rights to participate in the creation of film works People
Related rights holders who participate in the creation of film works , generally include: authors of scripts, commentary and other texts; music songwriters, singers, performers; rights holders of film, television, photography, documents, archives and other materials; in some documentaries there may also be guests and interviewees; In cartoons and other works, there are also character designers, animation scene designers, script writers, voice actors and other personnel involved in the creation; as well as other creative personnel. The above rights holders all enjoy the right of signature in the work, and also have the right to receive corresponding remuneration according to the contract.
3. Matters involved in the exercise of copyright in film works Relevant contract types
In the process of forming film works , based on the content, usage and participants of the work, the general producer should sign the following types of contracts with the relevant rights holders:
1. To use, adapt, and translate domestic and foreign works, including text, music, photography and video materials, etc., a copyright license contract must be signed and the permission of the relevant rights holder must be obtained ;
2. Commissioned creation of various works should be Sign a work commission creation contract with the trustee;
3. When inviting actors and guests to participate in program recording, please sign a performance contract or confirmation;
4. Other contracts related to the copyright of the work arising from the creation during the formation process of the work.
In the contract, both parties should clearly stipulate their rights. For example, if the contract clearly stipulates that all property rights in the copyright of an independent work belong to the producer, then the copyright owner of an independent work cannot exercise his copyright alone.
At the same time, the producer can collectively manage the corresponding copyright The organization forms a long-term cooperative relationship, signs a package contract with it, and pays for the use of relevant works.
4. Different works should be protected according to their Term and scope of use
Copyright protection has a time limit At the same time, my country’s copyright law has fair use and statutory licensing systems, and some works have multiple rights holders, so different works can be used under different circumstances. For example, when domestic and foreign musical works that have expired copyright protection enter the public domain, their property rights are no longer protected by law. Anyone can use the work, but the author's right of signature should be respected; anyone who uses other people's audio and video recordings must first To obtain permission from the producer of audio and video recordings, a contract must also be signed with the copyright holder and performer to obtain permission.
TotalIn short, the creation process of film works is complex and involves various legal relationships, which should be straightened out one by one to avoid infringement and reduce unnecessary losses.
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