Copyright Agent Legal Issues In Cultural And Creative Industry

Cultural and creative industry is a sort of industries based on the culture, which core is the idea. As a emerging industry, cultural and creative industry can bring huge economic benefits. Therefore, many countries attach importance to the development of cultural and creative industry. The United States, which is the most developed country in the field of cultural and creative industry, the core copyright industry brings enormous economic benefits for this country, for example, has the revenue about 4 trillion U.S. dollars in 2009. The prosperity of cultural and creative industry in Europe and America, which thanks to the protection of intellectual property. Strengthen intellectual property protection of cultural industry is to strengthen copyright protection, and strengthening copyright protection is relying on driving copyright agent activities. That is to say, it is a relationship as fish and water between cultural and creative industry and copyright agent. Europe, America, and other western countries, their cultural and creative industries are well developed, so the copyright agency is very active, while the copyright agent activities promote the prosperity of the cultural and creative industries. Therefore, from the view of law to explore the copyright agent issues in cultural and creative industry, which has great significance in theory and practice.This paper researches legal issues about copyright agent in cultural and creative industry. Main idea is beginning with the basic theory of cultural and creative industry, and systematically analyzes the copyright agent issues of cultural and creative industry. First of all, based on the existing research at home and abroad, this paper emphatically analyzes the content and the development situation at home and abroad of cultural and creative industries, and combines with the environment of cultural and creative industry, researches the copyright agent market and system at present.Then, from a legal view, this paper describes the legal nature and characteristics of the copyright agent in cultural and creative industry, particularly closely connects with the environment of cultural and creative industry, analyzes the law relationship in copyright and agent..Finally, according to the legislative and judicial practice at home and abroad, for the China's cultural and creative industry, this paper analyzes the internal problems within copyright agencies as well as the imperfectness of external legislation, judicature and matching system. These problems cause the current system of copyright agent can not properly promote prosperity of cultural and creative industry. By these analyses, this paper proposes some basic ideas and fundamental views about formulating relative agent ordinance. The innovation points of this paper are:First, getting the copyright agent involved the environment of cultural and creative industry to study relative problems, and describing the legal nature, characteristics, and the law relationship of the copyright agent in cultural and creative industry; Second, this paper proposes the basic idea about developing "Copyright Agents Ordinance", and gives some preliminary elaboration about the nature, legal status, and qualification of copyright agent.These conclusions of this paper have some contributions to normalize the copyright agent system from a legal perspective, so that China's copyright agent developing healthily and orderly, thereby promoting the prosperity of cultural and creative industry.