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The Legal Position Of The Opus Propagator

Posted on:2005-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y X JianFull Text:PDF
GTID:2156360125966475Subject:Law
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When the author finished his opus, he always wanted his creation to be propagated as possible as can. In the course of the propagating, the person or the legal entity would devote creative labour, so they have the right which is called "Neighbouring right" in the field of world copyright. Neighbouring right originated from the copyright and there are close relations between them. They impacted each other. The typical neighbouring right included the right of performer, the right of phonograph, the right of TV and Radio programmes . And the performers, producers of phonograms and broadcasting organizations are the three typical propagating subject. In the copyright law of our country, there is also the right of publisher except these three rights in the neighbouring right. It is a unique system in the world.Since the first world convention for protecting the neighbouring right, the Rome Convention on Protection of Phonograph, Performance and TV and Radio Programmes, many countries have been undertaking active exploration to protect these rights perfectly. The first Copyright Law of the Peoples Republic of China enacted in June 1st , 1991 . During the enactment of the law we took in the advanced experience of other countries, so the grade of protecting neighbouring right is higher than many countries . But there is a long way to go comparing other developed countries, such as Germany. First, we should provide the performers and producers of phonograms a very important right. It deals with "secondary use" of phonograms. The phenomenon of the phonograms' secondary use is very popular. Second, we should set up the system of the entrusted control of copyright, including neighbouring righto This postgraduate thesis has put the emphases on the discussing the rights of the subject of neighbouring right. Comparing international provisions with our country on these rights for the purpose to find the differences and deficiency in our law. The last part of the thesis bring forward reasonable advice for our lawmaking.
Keywords/Search Tags:the right of the opus propagator, neighbouring right, improvement
PDF Full Text Request
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