晚会的著作权属性分析

An Analysis of Copyright Property of Parties

对于组成晚会的各个作品,在晚会舞台表演之前,就已经客观存在了,并不是晚会组织者创作的,组织者在晚会的摄制播出过程的选择和判断是非常有限的,难以达到著作权法中独创性要求,很难使晚会在整体上构成影视作品。但组织者在对晚会备选节目进行筛选、编排、串词、衔接以及摄制播出过程中,体现了组织者对晚会内容选择和编排上的独创性,具备了著作权法要求的认定汇编作品所必需的全部要素。将晚会定性为汇编作品,更有利于保护各个节目涉及的著作权人的利益。

All the works for a particular party exist before the stage performance of the party. Those works are not composed by the organizers of the party, who make limited selection and assessment in the process of composing and broadcasting, which can not meet the demand for the originality in the Copyright Law. Therefore, it is difficult to make the whole party into a piece of cinematographic and television works. However, the process of selecting, arranging, host stringing, producing and broadcasting embodies the originality of selection and arrangement of the organizers, which has all the elements needed for identifying collective works in the Copyright Law. Regarding parties as collective works will be good for protecting the benefits of all the copyright owners involved in each of the programs in the parties.