The Copyright Transfer Rules For Research

Contract is the most basic form of copyright transfer, yet the effectiveness of acopyright contract does not mean the completion of copyright transfer. Theflourishment of cultural industries and advancement of information technology gavebirth to the great development of copyright transaction, which deepened theinsufficiency of theoretical studies on the rule of copyright transfer. Thisdissertation sets its eyes on the study of theoretical basis and optimization ofthe corresponding legalization of copyright transfer and focuses on solvingpractical issues encountered in judicial and administrative practice in a bid topromote copyright transaction as well as dissemination of works. The legalinstitution is determined by the social and economic infrastructure together withtechnological background. As the core of copyright transaction, the design ofcopyright transfer institution shall be consistent with the development ofinformation technology and cultural industry, keeping away from being meaninglesslyabstract.Copyright transfer mainly takes the form of copyright license and copyright assign,while there are still some other forms of copyright transfer including inheritanceand pledge. Copyright licensing and assign share many basic features but still differin terms of subjects of rights and objects. As a result of the abstractcharacteristics of works, fundamental concepts of the traditional theory of propertyrights such as possession and delivery can hardly apply in the context of copyrightlaw. Even if the possession and delivery of works exist in some specific condition,their legal meaning is essentially different from traditional civil law.The registration institution of traditional civil law is of theoretical significanceto copyright transfer in terms of reference. The dissertation compares the purposeand legal effect of copyright contract registration with tangible propertyregistration, and probing the actual effect of copyright registration by searchingregistration record in official websites of corresponding administrative organsboth domestic and abroad. The conclusion is that the copyright registration sharesthe same purpose with property registration of making the content and status of therights public, while copyright registration is hardly possible to achieve the effect of publicity and credibility as of property registration, thus fails to effectivelylower the risk of transaction. This dissertation analyzes the applicability of thethree main models of property right transfer in the context of copyright law, andcomes to the conclusion that the effect of copyright transfer shall be decided byparties in the copyright contract, and indicates that the introduction of theinstitution of granting registration effect of confronting any third parties mayincrease the cost while lower the effectiveness of copyright transaction. Theadvances in information technology and massive dissemination of works make itnecessary to give priority to efficiency instead of security.Copyright contract of future works is a special kind of copyright contract. ChapterVII of the dissertation focuses on the analysis of the effectiveness of copyrightcontract of future works as well as the transfer of copyright of future works.