On Legal Questions Of Copyright Pledge

Since China adopted the reform and opening-up policy, governments at all levels mostly made great policy slope for trade and investment promotion. Thus copyright pledge which resembles technology share appeared in the new period of development. The event of software pledge financing in 2003 is the first case and landmark relates to copyright pledge in China.Article 26 of the new Copyright Law, "In case of pledge of copyright, the pledger and the pledgee shall to go through registration of the pledge with the copyright administration under the State Council", has been clear about copyright pledge for the first time. Differing from the Assurance Law and the Measures of Copyright Pledge Contract Registration which regulate the pledge of copyright in principle, the related regulation in the new Copyright Law has great theory value as well as practical significance. It will guide executive branch, enterprise and individual in law, and in the meantime provide an important legal basis for government's drawing up more detailed and practical means of implementation. Based on theoretical probe made by former scholars, the paper pays more attention to the research on feasibility of practical operation. Concretely, it is divided into three parts.The first part is general analysis on the pledge of copyright. This part introduces the basic theories on the meaning, features, nature, functions, setting, formula model of copyright pledge and how it distinguishes from other pledge methods.The second part evaluates the value of the copyright in pledge. On the basic of expatiation on the status quo of copyright pledge in China, the author analyzes the necessity of evaluating the value of the copyright pledge. And then the author provides practicable suggestions and conceptions of the relevant system construction.The third part is on the conflict and legal regulate of right of property and right of the person in copyright pledge. In this part the author firstly illustrates the origin of the conflict and theories to resolve it, and then explores how to coordinate the contradiction through legal system construction, in order to stimulate the development of copyright pledge.The last part discusses the legal validity of copyright pledge. Firstly, the validity scope is analyzed, which includes obligatory right scope and copyright pledge bid. Then the author inquires into the effect restriction of copyright pledge, which embraces the rights and duties of the pledger and the pledge.