According to the power of attorney circulated on the Internet, Chengdu Radio and television station claimed to be the legal copyright owner of "Tan Talk On Traffic", and granted Chengdu Youshu Culture Communication Co., Ltd. all the copyright property rights and rights protection rights of the works from 2021 to 2026. Tan Qiao said that at the beginning of the creation of "Tan Talk On Traffic", there was no contract or agreement, and he was the only original author, and the shooting was a cameraman from the TV station. But after watching the creation process of the work, I feel that Chengdu Radio and television station may not be the only copyright owner of "Tan Talk On Traffic". Here is the author's analysis. We welcome criticism and correction.

Question 1: Does Tan Qiao have the right to be the creator of “Tan Talk On Traffic”?

Tan Qiao said that he is the only original author of "Tan Talk On Traffic". Can he enjoy the copyright as the creator, even if it is part of the copyright? The author believes that Tan Qiao can be the planner of the program, and the copywriter enjoys the right of authorship, but other property rights of the copyright owner, such as reproduction, distribution, information network communication and so on, do not belong to him.

Because Tan Qiao's identity is a law publicity policeman of the Public Security Bureau, and his appearance in "Tan Talk On Traffic" is in a police uniform, his creation and hosting of this program is a job-related behavior, which is appointed by the unit and represents the will of the unit. His salary is also paid by the public Security Bureau. The purpose of the program is to publicize traffic regulations, which is also determined by the nature of his unit. Therefore, his contribution in this work belongs to a special job-related work, The corresponding copyright belongs to its unit, that is, the Public Security Bureau.

Question 2: Can Tan Qiao claim the performer right and portrait right of "Tan Talk On Traffic"?

The author believes that Tan Qiao cannot claim the performer right and portrait right of Tan "Tan Talk On Traffic". The program Tan Tan Tan Tan traffic started in 2005 and ended in 2018. According to the provisions of the copyright law during this period, the nature of the program is "film and works created by similar methods of film production". Part of the originality of the work is reflected in the late editing of the television station and the cooperative operation of the lens. In practice, the court held that the rights of the performers of such works, including the rights of performers and portraits, have been absorbed by the producers of the works, Performers only enjoy the right of authorship and the right to protect their image from distortion. After the amendment of the copyright law in 2020, "films and works created by similar methods of film production" have been replaced by audio-visual works, but the provisions on the rights of performers in audio-visual works and "films and works created by similar methods of film production" are consistent.

Readers may want to ask, under what circumstances is the performer's right effective? In recorded products, the performer's right to play a song on the Internet, for example, requires the authorization of the songwriter, recording producer and performer, but to play a movie on the Internet, only the authorization of the film producer is required.

Question 3: Is Chengdu Radio and television station the legal copyright owner of "Tan Talk On Traffic"?

The author believes that this is questionable. "Tan Talk On Traffic" series is a cooperative work between the Public Security Bureau and Chengdu Radio and television station. As a staff member of the Public Security Bureau, Tan Qiao created and hosted the program, while Chengdu Radio and television station was responsible for shooting. Tan Qiao said that at the beginning of the creation of ""Tan Talk On Traffic"", no contract or agreement had been signed, that is, the two companies had not signed an agreement on the ownership of the copyright of the work. For the program, the cooperation between the staff of the Public Security Bureau and the staff of the television station is essential. Since the two have not agreed on the ownership of copyright, the author believes that the program may be a cooperative work.

For cooperative works, China's copyright law stipulates that the copyright of works created jointly by more than two people shall be shared by the cooperative authors. The copyright of cooperative works shall be exercised by the cooperative authors through consensus; If no consensus can be reached and there is no justified reason, either party shall not prevent the other party from exercising other rights except transfer, licensing others' exclusive use and pledge, but the proceeds shall be reasonably distributed to all cooperative authors.

If ""Tan Talk On Traffic" constitutes a cooperative work, the authorization of Chengdu Radio and television station to Chengdu Youshu Culture Communication Co., Ltd. will be flawed. The authorization says that Chengdu Radio and television station is the legal copyright owner of all audio-visual works in the ""Tan Talk On Traffic"" section. However, if ""Tan Talk On Traffic"" is a cooperative work, the premise of authorization of Chengdu Radio and television station will not exist. At the same time, It also has no right to punish the Public Security Bureau for the joint copyright of cooperative works. Of course, if the Public Security Bureau abandons the copyright despite the unclear agreement in the early stage, the copyright of the work will be exclusively enjoyed by Chengdu Radio and television station.

Question 4: Is it legal for Chengdu Radio and television station to authorize shell companies to safeguard their rights?

A reporter interviewed the author: Chengdu Youshu Culture Communication Co., Ltd. was established in March, 2018, with 0 employees and 0 insured. Its business projects are diverse. Is such a company qualified to be authorized by the TV station? The author believes that there is no special restriction on the authorized party of copyright in the law. As long as the company is legally established and operates normally at present, and its business license has not been revoked, it can be recognized that it has the right to be authorized to protect its rights.

If the company sued for infringement is not satisfied with this or questions the authenticity of its authorization, it shall provide evidence to the court during the litigation to prove that the authorization document is forged or secretly stamped with the official seal, otherwise, the court will not accept the corresponding defense. In short, even shell companies have the right to protect their rights. As for why Chengdu Radio and television station should authorize the copyright of its works to shell companies, although the court will consider it irrelevant to the case it hears, as a state-owned enterprise, Chengdu Radio and television station should also accept internal and external supervision. If Netizens feel that there is a problem, they can report it to the relevant discipline inspection and supervision department, which is the institution that can manage the matter.