Study On The Conflict Of Laws And Its Application Of Law Arising From Copyright

Literature and art has been a very important impetus to the development of our society. It is to protect the moral products of human creativity that the law of copyright is legislated. The differences among the mechanisms of protection for copyright enforced in different countries are obviously seen just because of the varied social and historical backgrounds. It is no surprising that conflict of laws is so popularly found in the present-day world. As the international cultural communication activities are on the increase, numerous international disputes concerning copyright increasingly occurs. The court seized of the concerned cases has to face two fundamental problems: the determination of jurisdiction and the choice of applicable law. The complicated situation would become even more difficult to find solutions given the particularity inherent in copyright. It is of self-evident practical significance for us to study the application of laws in the field of copyright. With the help of comparative and positive methods the author has undergone a deep and systematic investigation of the abovementioned problem.The whole dissertation has three integral parts:Chapter one introduces the general aspect of copyright theory, giving an emphatic analysis of the characteristics of copyright.Chapter two is the main body of the essay. It is a careful study of the causes leading to the conflict of laws in this field. The author pointed out two distinct solutions, i.e. uniform substantive law and law of conflict of laws. The conclusion ensuing from the analysis of those two methods is that the former method can play an essential role in the unification of copyright laws of different countries and reduction of conflict of laws. This function cannot be substituted. However, it is apparently unwise to expect it to be the sole alternativewhen we are confronted with the extremely complex cross-national copyright disputes. It is therefore a necessity for the existence of the rules of conflict of laws in the field of copyright protection. The essay has studied the application of the rules of conflict of laws in general or network environment respectively, and the author has also put forward her own point of view.Chapter three has focused on the present conditions of the protection system of copyright in our country. At last, the author suggested how to enhance our application of laws in the field of copyright.