Research On Rights And Interests Of The Transferee Protection In The Copyright Transfer

Today, as the rapid development of knowledge-based economy, the copyright and related industries are occupying a pivotal place in the national economic growth, and even plays a significant role in the transmission of national culture as well as the enhancement of comprehensive national strength. With the rising level of copyright protection, the copyright property rights transaction is getting increasingly rapid, how to maximize the transfer of copyright property rights and its interests has become the focus of the field of intellectual property rights. Before the revisement of Copyright Law, whether we can transfer copyright has been the topic of a long-standing debate in the academic circles, but in reality, there has been the phenomenon of copyright transfering. In 2001, the revised Copyright Law for the first time, established the copyright transfer system in the form of legislation, after which the copyright transfer has been in lack of systematic research. In view of such cases like"Mice Love Rice"appearing in reality which damages the interests of transferee, this article elaborates from the protection of transferee's interests in the transfer of copyright, so as to make up the flaw of copyright transfer system in some extent. Further, this paper represents its study is in compliance with the requirements of "Outline of National Intellectual Property Strategy" in 2008: promote the copyright marketization, give full play to the role of technology markets to build a intellectual property transaction system with sufficient information, active transaction and in good order; strive to develop copyright industry of China, promote the development and prosperity of the culture and science of China.In view of the fact that there has been the controversial in the world of copyright transfer system as well as its own complexity, this paper defines the following category: First, define the scope of work property rights is exclusive of work personal rights; Second, in pursuance of the status quo of our country, review the copyright transfer system from the angle of profit realization of work property rights, emphasize the interests protection of the transferee mainly from copyright circulation of the transferor and transferee, so as to maximize the interests of the assignee based on the eonomic value proposition considering both efficience and fairness and legal value proposition aimed at balancing interests. The research object abandons unpaid copyright transfer, such as bestow, bequests and testamentary succession. Copyright protection is aims to promote the creation and dissemination of excellent works, the role of copyright licensee in the intellectual property rights trading system should not be ignored. It's neccesary not only to take preventive measures, namely preventing future interests damage of the transferee, but also to maximize the interests of the transferee. Under the principle of balancing interests, the maximization of rights and interests of the transferee is a constituent of balancing interests, meanwhile, the the reasonable disposition of transferee's interests reflects interests balance, and meet the requirements of cultural consumption and copyright industry development.Transferee is a legal person, natural person or other organization with civil rights and civil capacity, being able to independently bear civil liability. Important interests of a transferee include in knowledge of the status of the work and its right, requests to deliver the work as needed, accepts flawless property rights and exercises of property rights when the moral rights of the copyright owner shall be restricted.Concerning the protection of transferee's interests mainly in line with Contract Law and Copyright Law, there are only provisions relating to protection of transferor's interests both at home and abroad. Anglo-American Legal System and Continental Legal System only established general provisions on copyright transfer and moral rights restrictions, Japan, the United States, Italy and Taiwan of China have lay down copyright transfer registration system. It mainly exists the following problems in copyright transferee rights protection: the transferee's right to know lacks institutional gruantee, personal rights and property rights are left in conflict without processing after legal transfer, copyright legislation stipulations on copyright transfer registration are defective.In consideration of the above mentioned question, this paper proposes to establish perfect copyright transfer guarantee and insurance mechanism, adopts the principle of moral rights exhaustion in legislation, establishs copyright transfer publication system, so as to protect the interests of the transferee and improve the copyright transfer system. Because of the immature copyright agencies, inflexible operating tactics, receiving assignment of the transferor and transferee at the same time and other deficients in our country, copyright transferee's rights are effected in some extent. Therefore, we should perfect the copyright agency system from legislation and strengthen the copyright agency management from administration.