Study Of Retal Right On Copyright Law

Rental right is such a new economic rights provided by Chinese Copyright Law when it was been revised in 2001. China, as one of the member states of TRIPS Agreement and other international treaties, gives copyright owner the rental right in order to fulfill obligations of the treaties. However, compared with the international treaties and the relevant provisions of international practices, the legislations of China are not meet the demands.The problem is mainly reflected in the definition of rental right which used to control the behavior of renting. However the legislation does not explicitly expressed the features of renting. And there is no detailed provisions of limitations on the rental right. To make sure the legal structure of the rental behavior is the basis to strictly define the scope of the rental right, and is the first step to pursue the study on other issues of rental right. Therefore, the study of legal structure of renting, as well as the specific standards of limitations for rental right has a practical and reality sense.This article divides into five parts as a whole:The introduction briefly introduces the legislative progress of the rental right in China, and point out the issues of the legislation should be amended.The frist chapter of this thesis introduce the necessity of the legislation on the rental right. Rental right has its specific reality context, rental industry, which greatly reduced the prevalence of copyright interests, giving copyright holders the right to rent under the new technique condition, and copyright law needs to balance different interests in order to ensure social justice.The third part discusses the legal structure of renting. Compared the word"rent"we usually used in daily life, the scope of rental behavior provided in copyright law is more narrowly, it refers only to the transfer of the original or copies of works in the physical space .And the rental right should control the commercial rental behavior. However, in our present legal system, the copyright law did not reflect these. Therefore, it is necessary to modify the relevant provisions of Chinese Copyright Law to make the definition more clearly.The fourth part is something about the limitations and exceptions on rental right. Limitations of rental right is mainly reflected in the exception of computer software, namely if the computer software is not the main subject of rent, the copyright holder can not claim on it. However, China did not make detailed provisions on the exception. The suggestions of this paper is that we should according to the specific criterias to judge the condition of exception ,such as"the purposes of renting","the role the software played"and"the value of subject and software"etc.. At the same time because the commercial use of works is such a necessary elements of renting, while the key element of fair use is non-commercial using of the works, so the principle of fair use should not apply to rental right. The fifth part is the conclusion, summarizes the core of this thesis and propose relevant legislative proposals on amendment for legal system of China.