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二次获酬权是指影视作品的作者可以就影视作品的后续利用享有的利益分享的权利。本文认为,有必要设计二次获酬权制度以满足保障影视作品作者利益的需要,文章探讨了二次获酬权的性质及其权利主体、义务主体,并根据相关国家的立法经验、结合我国现行《著作权法》修订的几个草案,探讨了符合我国国情的二次获酬权制度。
The second payment of remuneration refers to the right of the author of the film and television works to share the benefits enjoyed by the subsequent use of the film and television works. This paper argues that it is necessary to design the secondary remuneration system to meet the need of safeguarding the interests of film and television writers. The paper discusses the nature of the second remuneration and the rights subject and obligation subject. According to the legislative experience of relevant countries, Several draft amendments to the current Copyright Law have discussed the system of secondary rewards in line with China’s national conditions.