影视作品修复成果的著作权问题研究

Research on Copyright Issues of Restoration Results of Film and Television Works

摘要: 修复影视蕴藏着巨大的市场潜力和经济价值，然而目前我国法律对影视作品修复成果的保护处于空白阶段，为给司法审判和立法修订提供思路，通过采用文献分析法、案例分析法和比较分析法，分析影视作品修复成果的可版权性，界定影视作品修复行为必然侵犯原修复影视作品著作权人的著作权，研究满足作品要求的黑白真人影视与动画影视以狭义《著作权法》保护和不满足作品要求的彩色真人影视以邻接权保护的双轨制保护路径。

Abstract: Restoration of film and television contains huge market potential and economic value. However, at present, the protection of restoration results of film and television works in our country is in a blank stage. In order to provide ideas for judicial trial and legislative amendment, it uses literature analysis, case analysis and comparative analysis to analyze the copyrights of the restoration results of film and television works, define that the restoration behaviors will infringe the copyright of the original copyright owner, and research the dual-track protection path to protect black and white live-action films and animated films that meet the conditions of the work by narrow Copyright Law, and protect the color live-action films that do not meet the conditions of the work by neighboring rights.