X. Intellectual Property

Taking copyright development, the core of the film and television entertainment industry as an example, the copyright development of film and television works is relatively complicated. First, there are many subjects involved in the development of film and television copyrights, including not only the original authors and screenwriters, but also investors, production companies, entertainers, and marketing teams of film and television works. Second, there are many links involved from film production to projection: the acquisition of the script requires commissioned creation and copyright authorization; the investment and production of the film need to make arrangements for the rights and obligations of all parties; the public projection of the film requires government approval or archival filing procedures; the rights and obligations of brands, sponsors, marketers, producers, brokers and other parties need to be defi ned clearly and various laws and industry policies such as contract law, tort liability law, advertising law, anti-unfair competition law, copyright law, trademark law are involved during the post-publicity and distribution. Third, the commercial development chain extends. After the film is projected, sequels, remakes, adaptations, and subsequent development of various derivative products are still involved. The intellectual property rights formed by the joint-produced films are usually enjoyed by the parties to the contract according to the capital contribution or in the form of joint ownership, but the exercise of subsequent rights may lead to contract disputes if there is no agreement. This determines that the film and television entertainment industry may generate more risks and types of contracts, of which intellectual property is the core of risks and contracts.

Ex cept for the four personal rights: the right of publication, authorship, alteration and integrity, copyright property rights can be transferred or licensed, including the right of reproduction, distribution, lease, exhibition, performance, projection, broadcasting, information network dissemination, production, adaptation, translation, compilation, etc. Regarding the ownership of film copyright, Chinese law stipulates that the copyright of a cinematographic work or a work created in a way similar to cinematography shall be enjoyed by the production entity, while any of the playwright, director, cameraman, word author, composer and other authors of the work shall enjoy the right of authorship, and shall be entitled to obtain remuneration as agreed upon in the contract between him or her and the production entity. In addition to the entire cinematographic work, the authors of the screenplay, musical works and other works that are included in a cinematographic work or a work created in a way similar to cinematography and can be exploited separately shall be entitled to exercise their copyright independently.