The Research On The Legal Relation Of Copyright In Common

The so-called copyright in common refers to the legal relation by two or more civil subjects sharing the copyright of a certain work. There already had systematic and specific stipulation in the traditional civil law regarding to ownership in common which is the elementary problem in real right system, meanwhile none systematic stipulation regarding to copyright in common in present legislation of our country. Thereof, under the legal relation of copyright in common, whether should we continue to use the basic theory and rules of ownership in common is the subject of widespread controversy in the judicial practice. Consequently, it is necessary to conduct analysis and research on the legal relation of copyright in common, especially in comparison with the ownership in common, which is to ascertain what basic theories and rules of Joint ownership can be continuously used in formulating the legal relation of copyright in common. Simultaneously, it is also essential to discuss what new theories and rules can be formed and applied in substitution. The topics mentioned above will be mainly discussed in this paper.The first chapter of this article defined the legal relation of copyright in common and provided evidences that copyright in common and ownership in common belongs to identical level of concept. Moreover chapter 1 pointed out apparent and profound distinctions of these two laws in object of right, content of right and internal constitution of right. Accordingly, provided theoretical foundation to these two joint ownership. Chapter 2 discussed the origin and typology of...