A Study On Legal Issues Of Copyright Investment

Intellectual property can be used for investment, but the right form of diversity, then are unable to come to this conclusion once and for all, including the economic rights, including any intellectual property can be used as capital contribution. Copyrights belong to the concept of non-monetary assets are its investment eligibility issues, we still need from the perspective of non-monetary assets to the investigation. To this end, the author adopted the "syllogism" type of logical argument method.first of all, Comparison of the fully funded the legal characteristics of non-monetary assets on the basis of various doctrines, it can be transferred according to law and can be assessed according to the law. Secondly, according to the characteristics of their economic rights, combined with the existing laws, determine the economic rights with the basic legal characteristics. Finally, the conclusion that the work eligibility of investment property is the subject matter. Through careful analysis of different types of works to the state, the author further found that the work eligibility of investment property is the subject matter is still a general sense of the conclusions, including the main body without the total consent of the integral use of the joint work, without the original copyright holder agree to perform work, without the consent of the original compilation of works of copyright, shall enjoy the priority of the general office work of an unknown work, prohibits the publication, dissemination of works and other works of six works are not suitable for property investment.How to determine the value of economic rights, related to shareholders, companies, creditors and even the vital interests of the public. I believe that, given the shareholder value judgments on the limitations of economic rights, and corporate responsibility approach and its impact on society, shareholders in order to work property investment, they should abandon the shareholders, in consultation with professional organizations commissioned the assessment, identifying work property value. However, in the assessment process, assessment agencies should work according to different options for different types of assessment methods, considering the work of the depreciation rate, the statutory protection of duration in a number of remaining constraints, increased or reduced accordingly, scientific evaluation of the economic rights of value. Internal factors determine the development direction of things, but external factors can accelerate or delay the development of things. Therefore, the law setting up the assessment of body condition assessment process, assessment and monitoring and evaluation design, legal liability of external factors, and prompting the standard practice of rating agencies to make more objective and realistic assessment.Economic rights into the capital from the moment of the shareholders and the company may arise around copyright intense conflict. How to prevent and resolve conflict is to balance the interests between shareholders and the company's key, is effectively the functions of important capital works to protect property rights. The author believes that the interests between shareholders and the company's opposition, as well as its own cluster of features of copyright, the right leading to the two sources of conflict arising. Therefore, the exact definition of the rights of both the border, is the premise of preventing and resolving conflict. Principle of good faith, benefit principle, respect for and protection of fundamental rights of the copyright owner is the principle of conflict resolution should follow three basic principles. Interests into account, is the ultimate goal of conflict resolution. Copyrights and Property Rights for the work of conflict, funded both sides attach great importance to the existing copyright law on the conflict focused on the protection of different rights in different subjects, funding through the detailed rights and obligations of the agreement clear the contents of each other, preventing conflicts lead to adverse legal consequences. Individual conflicts can be combined with assessment reports and the purpose of financing agreements, the right to presumption of ownership. Clearing tort right to an identity essence is to seek tort and Property Rights of conflict resolution path basis, appropriate separation or appropriate to give up personal right of copyright is to prevent conflicts of rational choice, tort relative exhaustion of a conflict resolution theoretical foundation. For the specific tort and Property Rights conflict, we should distinguish between different situations, and with full respect for the personal right of copyright under the premise, or by the copyright owner authorized the company to exercise, or moderate to abandon tort, or for tort relative exhaustion theory, personal right of copyright restrictions to be appropriate, so as to effectively prevent and resolve conflicts between the two rights.