On The Principle Of Efficiency In The Allocation Of Copyright Property Rights

The goal to be achieved by the copyright system is the absolute increase in the number of works and the continuous expansion of the scope of use,but the realization of this goal is restricted by two aspects: First,the publicity of the work will cause serious external economic effects and cause market failure.Insufficient impetus for its development and absolute amount of growth.Second,the exclusivity of property rights in works is not conducive to the use and promotion of works,and the widespread dissemination of works will be affected.The effective allocation of copyright property rights can overcome these two obstacles and achieve the goal of the copyright system.The static allocation of copyright will stimulate the output of the work and overcome the lack of motivation for the production of the work;while the dynamic allocation of copyright will achieve the dynamic income of the copyright,it will promote the dissemination of the work and overcome the insufficient use of the work.Based on different legal and philosophical foundations,there are two different approaches to the allocation of copyright property rights: natural rights theory(creative principle)and utilitarianism(utilitarian principle).However,these two principles are flawed.The irrational expansion of the copyright of property rights under the principle of the creator easily leads to a crisis of public trust in the copyright system.The game of copyright and property rights under the utilitarian principle is difficult to protect the interests of groups that have not joined the interest group.Under these two allocation principles,the goals of the copyright system are insufficient.The impact of economics on legal research is mainly manifested in the following two aspects: first,the theory of scientific interpretation for the impact of law on related behaviors;and the second,effective standards for evaluating the results of the operation of the legal system.One of the core concepts in economics is efficiency.For the allocation of copyright property rights,the efficiency principle is not only a scientific theory,but also provides an effective standard for evaluating the operation results of the copyright property rights allocation system.Guided by the principle of efficiency,through the effective allocation of copyright property rights,the objectives of the copyright system can be manifested.In view of this,this article attempts to use the principle of efficiency to analyze the copyright property rights allocation system and provide it with a scientific and reasonable efficiency standard.Finally,in accordance with the standards provided by the principle of efficiency,the problems of copyright property rights allocation under new technology conditions were resolved,and suggestions were made to improve China's copyright property rights allocation system.In addition to the introduction and conclusions,the full text is divided into six chapters.The first chapter is the legal and economic basis of the disposition of copyright property rights.The allocation of rights has the functions of identifying emerging interests,promoting resource utilization,and mitigating conflicts of interest.The allocation of copyright property rights refers to the allocation of copyright property rights between different subjects,which includes static and dynamic allocation of copyright property rights.The former means that after the legislator has rightized the interests in a legal form,the property rights of the copyright are allocated to a certain subject;the latter means that the copyright owner realizes the dynamic transfer of rights through transactions.The legal and economic analysis of the research on the allocation of copyright property rights is based on the product attributes of copyright objects and the economic implications of the allocation of copyright property rights and the dimension of their benefits.Research on the allocation of property rights in books uses the maximization and equilibrium of economic theory and transaction costs as analysis tools.The second chapter is the basic definition of the principle of the allocation of copyright property rights.The copyright property rights allocation efficiency principles include static allocation efficiency principles and dynamic allocation efficiency principles.Static efficiency is represented by the realization of maximizing the static benefits of the output of works through the allocation of copyright property rights;dynamic efficiency is represented by the realization of the dynamic benefits of maximizing the value of copyrights through the allocation of copyright property rights.The allocation of copyright property rights under the principle of efficiency will achieve the direct goal of the copyright system that maximizes the output of works and the widespread dissemination of works.In view of the particularity of the copyright object,when the static configuration conflicts with the dynamic configuration,the dynamic configuration of copyright property takes precedence over the static configuration.This situation belongs to Kaldoxix efficiency.In this case,the ultimate goal of the copyright system was also achieved.In the disposition of copyright property rights,there are two different principles of disposition of copyright property rights,but both are flawed,which makes the objectives of the copyright system inadequate.The theoretical basis of the efficiency principle is that it can correct the shortcomings of the creator and the utilitarian principle,so that the copyright property rights allocation system can be perfected,thereby highlighting the objectives of the copyright system.Chapter ? is the static efficiency of the allocation of copyright property rights.The static allocation efficiency standard of copyright property rights depends on the composition of the work output and input resources.Among the resources invested in the production of works,there are resources invested by creators,capital resources invested by investors,and resources in the public domain.Therefore,the static configuration includes the external configuration between the creator and the public and the internal configuration between the creator and the investor.In the external static configuration,the legislator actively empowers the works produced by the creator's resources to contribute to the realization of static benefits,which is in line with the principle of efficiency.However,the existence of public domain resources in works makes legislators need to restrict copyright property rights negatively.Negative restrictions mean that the more public domain resources in the produced work,the smaller the scope of protection of copyright property rights.In the internal static configuration,efficient static configuration needs to consider the influence of the resources invested by creators and the resources invested by investors in the output of works.According to the efficiency standards,the allocation of copyright property rights to the subjects with a high degree of influence on resource input.Factors influencing factors include major resources,risk taking,and use of results.Chapter 4 is the dynamic efficiency of the allocation of copyright property rights.The efficiency allocation standard of copyright property rights depends on transaction costs.Transaction is an important method for the dynamic allocation of copyright property rights,and an important means to realize the dynamic income of copyright property rights.There are transaction costs for transactions.The transaction cost of copyright property rights will be affected by the complexity of the copyright subject,the intangibility of the copyright object,and the particularity of the way of establishing copyright property rights.Copyright property rights transactions are divided into voluntary transactions and involuntary transactions.In economic activities,the principle of efficiency means the principle of market competition.The principle of market competition can ensure the effective conduct of voluntary transactions of copyright and property rights,and maximize dynamic returns.Collective copyright management under the principle of market competition means competitiveness and diversity.Excessive search costs,negotiation costs,and the existence of monopoly rights have led to market failures.In this case,the power to interfere with the dynamic allocation of copyright property rights is in line with efficiency.Involuntary transactions under power intervention can lubricate transactions,reduce transaction costs,promote copyright property rights transactions,and realize the dynamic benefits of copyright property rights.Of course,as the private right of copyright,the scope of involuntary transactions is limited.Chapter ? is the application of the principle of the efficiency of the allocation of copyright property rights under new technology conditions.The submission of any theory needs to be examined in practice.Under the new technology conditions,the copyright property rights allocation system has suffered a lot.According to the principle of efficiency,active empowerment of new communication behaviors conforms to the principle of efficiency,but active empowerment of exposure to works does not conform to the principle of efficiency.The traditional authorization mechanism belongs to authorization before use,but in the case of large-scale work transactions,this mechanism obviously does not meet the requirements of transmission efficiency.Although the implied licensing system and realization rules under the opt-out policy have,to a certain extent,caused the copyright owner to lose the pricing power of the copyright property market,these two new types of transaction methods are in line with the efficiency of the allocation of copyright property rights.Because they not only help the users of works in the network environment,but also help protect the interests of copyright owners.The formation and improvement of the copyright system cannot be separated from the promotion of commercial interests.The emerging business model explores the rules for the allocation of copyright property rights,such as private copyright property rights rules and online copyright property rights authorization,which helps to achieve the objectives of the copyright system and conforms to the principle of efficiency.The sixth chapter is the improvement of copyright property rights allocation system under the principle of efficiency.The premise of the allocation of copyright property rights is the existence of a reasonable system of copyright property rights.The improvement of the property rights normative system under the principle of efficiency should adhere to the principles of coordinating personal utility with social utility,promoting transactions,and adapting to the development of technology as much as possible.For this reason,the copyright property rights normative system can adopt a generalized + communication form(transformation right,incorporeal right,and carrier right).The copyright subject system should recognize investors as a subject in a more general sense.According to efficiency standards,the property rights of copyright in audiovisual works should belong to the producers;the property rights of copyright in commissioned works that have not been explicitly agreed should belong to the trustees;in the context of the industrialization of media,the transformation of professional news works from general work to special work,In line with the principle of copyright allocation efficiency.Of course,the effective operation of the copyright property rights allocation system is inseparable from the improvement of related supporting systems.Technical measures should be protected by law,but they should also be limited.In addition,we should reshape the registration system of copyright and property rights centered on transactions.