影视作品著作权许可使用探究——以授权许可合同制度的完善为视域

Legal Problems and Countermeasures of Copyright Permission of Film and Television Works——From the Perspective of Improving the System of License Contract

随着影视产业的发展,影视作品授权许可的现象日益普遍。播放平台的增多,尤其是网络及手机平台的加入,各大卫视及视频网站争抢热门影视剧独播权、信息网络传播权等著作财产权的现象白热化,有些甚至为此而对簿公堂。此类事件的频发,归根结底还是因为影视作品著作权授权许可合同的不完善,同时著作权许可制度自身亦存在许多不足。从完善授权许可合同制度的角度出发,授权许可合同应当涵盖未知的作品使用方式,同时,考虑到著作权交易的特殊性以及借助合同法解决的力不从心,在我国著作权制度中引入关于著作权许可使用合同变更和解除的内容已非常必要,最后,鉴于著作权交易安全考虑,《著作权法》应建立"公示对抗主义"的著作权许可公示制度。

With the development of the film and television industry, the phenomenon of licensing of film and television works has become increasingly widespread. The number of broadcast platform increases, especially the addition of online and mobile platforms, the major TV and video sites compete for the popular TV drama exclusive broadcasting rights and the right to network dissemination of information which becomes intensified, and some even to court. Such incidents are frequent, and in the final analysis it is because the copyright license contract of film and television works is not perfect, at the same time there are many problems in the copyright licensing system itself. From the perspective of improving the system of license contract, the contract should cover the unknown use ways of works. At the same time, taking into account the particularity of the copyright transaction as well as the inadequacy in the use of Contract Law to solve the problems, it is very necessary to introduce the copyright licensing contract change and the lifting the content in our copyright system. Finally, in view of the copyright transaction security consideration, Copyright Law should establish the copyright permission publicity system of ＂the publicity antagonism doctrine＂ .