Study On The Application Of Law Of Copyright

Literature and art is one of the important strength of promoting the progress of human society. The copyright system is produced in order to protect this special human intellectual product. It is originated from "privilege" of the feudal society and is different from other general civil rights. So, copyright has many special legal characteristics, such as intangibility, exclusivity, timeliness and territoriality.Owing to the territorial characteristic of copyright, one copyright that is entitled by one nation only has effectiveness in the territory of this nation and do not has overseas effectiveness in principle. Because of the characteristics mentioned above, the traditional private international law will generally follow the territorial principle while dealing with the legal disputes of copyright concerning foreign affairs. Namely, when dealing with such disputes taking place in its territory but concerning foreign affairs, every country is suitable to only consider applying the copyright law of its own and does not need to consider the foreign copyright laws. So, the traditional theory of private international law thinks that there does not have any legal conflict in the field of copyright.Since the 20th century, with the constant development of science and technology and the constant intensification of international economic and cultural communication, the international market of knowledge products has got swift and violent development. The contradiction between the territorial characteristic of copyright and the international characteristic of intellectual products becomes more and more aggregate day by day. And the territorial characteristic of copyright has already become an obstacle of hindering the development of the international copyright trade. The obligees of various countries hope their copyright protected by their own country can be acknowledged and protected abroad too. Following the constant development of the process of international copyright protection, the territorial characteristic of copyright has already been weakening gradually with the establishment and development of the international coordination system of copyright and the development of the legislation about private international laws of variouscountries, and even breaks through to a certain extent. At present, some countries have already no longer tenaciously defended the view that copyright law of other countries don't have legal effect out of their territories, but apply foreign laws to some copyright items with certain limitation under certain conditions, this has caused the production of a large number of conflicts of laws concerning copyright.There are two kinds of methods to solve the conflict of copyright laws, namely the method of uniform substantive law and the method of conflicts law. Copyright uniform substantive law can play an essential role in coordinating the copyright legislative difference of various countries and reduction of conflict of copyright laws. But, facing the numerous and complicated transnational copyright disputes, it is obviously inadvisable to regard it as the only choice. Therefore, the conflict rules of copyright still have irreplaceable function on settling the conflict of copyright laws. Because of the particularity of copyright, it is extremely complicated for choosing the proper law to resolve the copyright disputes. And the challenges to the theories of private international law, which were brought by Internet, have especially strengthened the degree of difficulty in solving this problem. So, the research on the application of laws in the field of copyright has significance theoretic and realistic meaning. With the help of comparative and positive methods and based on the legislation and judicial practice of various countries, the author has undergone a deep and systematic analysis of the above mentioned problems and carry on an evaluation to present various kinds of relevant theories of the application of laws concerning copyright.Finally, the author analyzes our country's actuality of rules of application of laws in the field of copyright concerning foreign affairs, and proposes some suggestions on the establishment and perfection of our country's conflict rules of copyright.