| Copyright trade is normally realized in the legal form of copyright contract and copyright license with foreign elements is the most common and most important contract phenomenon in the copyright trade of this country. Due to the theoretical research on this contract phenomenon is little made, the staff engaging in copyright trade lack of the theoretical guide, more and more contract disputes arise. All has resulted in some disadvantageous influence to the healthy development of the copyright trade in this country.This article, considering the actual practice, the Law of Copyright, Regulation on the Implementation of the Copyright Law, the Law of Contract of this country, relevant laws related to copyright contract of the main copyright trading country and relevant contents in the main international copyright treaty, consists of three parts to make the research on the legal questions of copyright license contract. The first part briefly introduce the basic theory of copyright license contract, the legal characters, types, parties' rights and obligations of copyright license with foreign elements in this country and the copyright license related to Hong Kong, Macao and Taiwan. Chapter two, by researching the background data and some important legal question of portraiture right in the work, right to format design in the work, external copyright material, accessory rights, fair use of copyright, discusses how to hold these important problem and how to solve them during the process of conclusion of the contract. Chapter three is aiming at the provisions of the content of copyright license in the Law of Copyright of this country and the contract content that gives rise to common disputes in the copyright trading practice, mainly discusses the type of rights licensed, nature of right licensed, region licensed, license term, payment standard and manner, breach liability and other contents necessary to be stipulated by the parties in the copyright license contract.
|
PDF Full Text Request