在電影產業鏈裡「發行」是個有頻繁商業交易活動之環節，據此就會有法律關係之形成，又因涉及多部法規，其產業活動會較複雜，一旦發行有問題，如：著作財產權人之重複授權、授權人之無權再授權或法規命令之限制，會造成電影發行之阻礙，希望本文能審視電影發行之法律爭議並加以解決，讓電影發行管道暢通，使國內外的電影可以在我國發展穩固。
本文是以我國發行量最多之美國電影在台發行為例，先就電影著作為兩國法制上做比較，確認兩國法保護有無差異，再來就簽訂的電影發行契約內容為定性，以及針對發行權概念之釐清，最後對發行權行使可能碰到的內外部障礙一併予以檢討，並提出個人之意見。
本文認為電影發行契約當事人各負有雙重主給付為最大特徵，是同時為民法與著作權法之範疇，必須按其給付特性適用其法規，而發行權僅是商業用語，其真正權利範圍取決於契約約定之著作財產權內容，其行使障礙在外部法規命令部分，近來因法令積極修正，已逐漸符合依法行政及法律保留原則，惟對錄影帶管理之法規尚未隨著修正；而內部之授權問題，在於條文賦予授權在先之絕對優勢以及實務上對授權概念與性質之理解有誤。
最後，在授權制度之立法上應要有保障交易之機制，讓授權資訊透明化以降低授權紛爭，考慮登記有公示作用，建議可改良登記制度之原有缺點後引入。
In the film industry chain “distribution” is a link with frequent business transactions, and legal relationships are therefore formed accordingly. Due to the multitude of laws and regulations involved, its industrial activities are more complex. Once there is a problem in the distribution process, such as a duplicate authorization by the copyright owner or the authorizer is not entitled to re-authorize or is restricted by laws and regulations, it will cause an obstruction in film distribution. It is my hope that the legal disputes in film distribution can be examined and resolved in this paper to smooth film distribution channels, so that domestic and foreign films can have a stable development in our country.
This article uses the distribution of American films in Taiwan as an example, as it has the largest distribution amount in Taiwan. First of all the two countries’ legal systems on audiovisual works are compared to check whether there is a difference between legal protections in the two countries. Then the content of film distribution agreements signed is characterized, and the concept of distribution rights is clarified. Finally the internal and external barriers which may be encountered in the exercise of distribution rights are reviewed together and personal opinions are put forward.
This paper argues that the major feature of a film distribution agreement is that each party has a dual primary payment responsibility, which falls in the scopes of both the Civil Law and the Copyright Law, and appropriate laws and regulations shall be applied according to the payment characteristics. Distribution rights are only a business term; its real scope of rights depends on the content of the copyright agreed upon in the agreement, and the barriers in its exercise lie in external laws and regulations. Recently because the law has been actively corrected, distribution rights are gradually falling in line with the principles of administration according to law and legal reservation, but video management regulations have not yet been corrected accordingly. The internal authorization issue is caused by the absolute advantage the provisions give to the earlier authorization, as well as the misunderstanding of the concept and nature of authorization in its practical application.
Finally on the legislation of the authorization system, there shall be a mechanism for transaction protection to make licensing information transparent in order to reduce authorized disputes. As registration has a publicity effect, it is recommended that a registration system be introduced after its drawbacks are corrected.
