影视作品的著作权问题研究
发布时间：2019-01-12 10:09
【摘要】：我国著作权法上将“电影作品和以类似摄制电影的方法表现的作品”作为一种特殊类型的作品加以保护，为我国的影视作品提供了法律保护的依据。影视作品作为一种综合性的艺术作品，它的特殊之处体现在其汇聚了众多劳动者的独创性劳动。影视作品的著作权法律保护问题较为复杂，我国的影视作品保护在司法实践中遇到许多难题，存在立法不够完善，规范缺失等问题。我国影视作品的著作权保护制度在许多方面与国际水平还有一定差距。具体而言，我国影视作品的范围过于狭窄，我国影视作品的定义已经不能适应科学技术的发展，同时缺乏一个在外延上大于“电影作品”的“影视作品”的概念，从而不合理的缩小了影视作品的范围。在影视作品著作权的形成问题上存在很多有争议的地方，审批制度是否是影视作品著作权产生的必要条件，，影视作品的独创性标准这两方面的问题在理论与实践中都产生了较大的影响。关于影视作品的属性，我国对于影视作品的属性没有做出规定，影视作品与基础作品之间的关系没有明确的法律指引。在影视作品的著作权归属方面，我国的保护模式也存在一些问题，比如制片人的确定，作者与著作权人的区分等。剧本属于影视作品中“可单独使用的作品”，但是在实际生活中剧本被随意篡改、编剧的署名权被侵占这些问题屡见不鲜，影响了我国影视产业的健康发展。根据我国国情，借鉴国外可行模式完善我国著作权法，是促进我国影视产业健康发展的必要基础。完善我国影视作品法律保护制度可以从以下几个方面着手，建立一个范畴更广的“影视作品”概念，完善影视作品的定义；理清影视作品审批制度的性质，影视作品的独创性标准；明确影视作品与基础作品之间的关系，将影视作品视为“特殊演绎作品”；保护影视作品著作权人和作者的合法权益，明确“制片人”标准与分类；加强对编剧与剧本的保护，杜绝随意篡改剧本和侵占编剧署名权的现象。
[Abstract]:As a special type of work, the copyright Law of our country protects "film works and works expressed in a similar way to film production" as a special type of work, which provides a legal basis for the protection of film and television works in our country. As a comprehensive work of art, film and television works are special in that they bring together the originality of many labors. The legal protection of the copyright of film and television works is more complicated. The protection of film and television works in our country meets many problems in judicial practice, such as imperfect legislation and lack of standardization. The copyright protection system of Chinese film and television works is still far from the international level in many aspects. In particular, the scope of film and television works in China is too narrow, the definition of film and television works in our country can no longer adapt to the development of science and technology, and at the same time, there is a lack of a concept of "film and television works" whose denotation is greater than "film works". As a result, the scope of film and television works is unreasonably narrowed. There are many controversies over the formation of copyright in film and television works. Is the examination and approval system a necessary condition for the production of copyright in film and television works? The originality standard of film and television works has had a great influence in theory and practice. About the attribute of the film and television works, our country has not made the stipulation to the attribute of the film and television work, the relation between the film and television work and the basic work has no clear legal guidance. In the aspect of copyright ownership of film and television works, there are also some problems in the mode of protection in China, such as the determination of producer, the distinction between author and copyright owner, and so on. The script belongs to "the work which can be used separately" in the film and television works, but in the actual life, the script is tampered with at will, the authorship of the screenwriter is encroached these problems are common occurrence, have affected the healthy development of the film and television industry of our country. According to the situation of our country, it is the necessary foundation to promote the healthy development of the film and television industry of our country to perfect the copyright law of our country by using the feasible mode of foreign countries for reference. To perfect the legal protection system of Chinese film and television works, we can start from the following aspects, establish a broader concept of "film and television works" and perfect the definition of film and television works; It clarifies the nature of the examination and approval system of the film and television works, the originality standard of the film and television works, clarifies the relationship between the film and television works and the basic works, and regards the film and television works as "special deductive works". To protect the legitimate rights and interests of copyright owners and authors of film and television works, to clarify the criteria and classification of "producers", to strengthen the protection of screenwriters and scripts, and to put an end to the phenomenon of tampering with the script and encroaching on the authorship of the writers.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.41
[Abstract]:As a special type of work, the copyright Law of our country protects "film works and works expressed in a similar way to film production" as a special type of work, which provides a legal basis for the protection of film and television works in our country. As a comprehensive work of art, film and television works are special in that they bring together the originality of many labors. The legal protection of the copyright of film and television works is more complicated. The protection of film and television works in our country meets many problems in judicial practice, such as imperfect legislation and lack of standardization. The copyright protection system of Chinese film and television works is still far from the international level in many aspects. In particular, the scope of film and television works in China is too narrow, the definition of film and television works in our country can no longer adapt to the development of science and technology, and at the same time, there is a lack of a concept of "film and television works" whose denotation is greater than "film works". As a result, the scope of film and television works is unreasonably narrowed. There are many controversies over the formation of copyright in film and television works. Is the examination and approval system a necessary condition for the production of copyright in film and television works? The originality standard of film and television works has had a great influence in theory and practice. About the attribute of the film and television works, our country has not made the stipulation to the attribute of the film and television work, the relation between the film and television work and the basic work has no clear legal guidance. In the aspect of copyright ownership of film and television works, there are also some problems in the mode of protection in China, such as the determination of producer, the distinction between author and copyright owner, and so on. The script belongs to "the work which can be used separately" in the film and television works, but in the actual life, the script is tampered with at will, the authorship of the screenwriter is encroached these problems are common occurrence, have affected the healthy development of the film and television industry of our country. According to the situation of our country, it is the necessary foundation to promote the healthy development of the film and television industry of our country to perfect the copyright law of our country by using the feasible mode of foreign countries for reference. To perfect the legal protection system of Chinese film and television works, we can start from the following aspects, establish a broader concept of "film and television works" and perfect the definition of film and television works; It clarifies the nature of the examination and approval system of the film and television works, the originality standard of the film and television works, clarifies the relationship between the film and television works and the basic works, and regards the film and television works as "special deductive works". To protect the legitimate rights and interests of copyright owners and authors of film and television works, to clarify the criteria and classification of "producers", to strengthen the protection of screenwriters and scripts, and to put an end to the phenomenon of tampering with the script and encroaching on the authorship of the writers.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.41
【参考文献】
相关期刊论文 前10条
1 王迁;;我国《著作权法》中“广播权”与“信息网络传播权”的重构[J];重庆工学院学报(社会科学版);2008年09期
2 卢海君;申耘宇;;电影作品的属性研究——以我国《著作权法》第15条修改为背景[J];重庆理工大学学报(社会科学);2011年03期
3 施s
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