Author(s)

Deng Haodi

Corresponding Author

Deng Haodi

ABSTRACT

"Work that can be exploited separately" is a category of work within audiovisual works that can be used alone rather than a specific work defined by Article 3 of China’s Copyright Law. Depending on the time and intention of its creation, the work can be classified as "pre-existing work" or "work for others." Based on the derivative nature of audiovisual works, it is possible to establish rules for the use of pre-existing works, i.e. non-audiovisual means of exercising copyright over portions of audiovisual works that can be used separately. The rules for the use of works for others can be based on the cooperative characteristics of audiovisual works; for instance, copyright can only be claimed for the original expression of the work, and the exercise of rights shall not infringe the overall copyright of the audiovisual work and shall be limited by the filming contract.

KEYWORDS

Audiovisual Works; Works that can be exploited separately; Pre-Existing Works; Works for Others