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Research On The Series Of Lawsuits On The Ownership Of Copyright Of The Work And On Its Extended Issues

Posted on:2008-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y W LiFull Text:PDF
GTID:2166360242477581Subject:Law
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Since the implementation of intellectual property protection system of our country, courts of all levels and regions have adjudicated many intellectual property lawsuits. In the copyright area, many disputes in connection with copyright are aroused in daily life due to the ownership of rights. However, prior to the promulgation and implementation of the current copyright law of the PRC, the creation activity of works made for hire and works of legal entity are universal. While limited by historical conditions and recognition level before the promulgation and implementation of the current copyright law of the PRC,prior to the completion or at the primary stage of the completion of works, the situation of no contract on the copyright ownership and no contract on the concrete using mode between the legal entity and the writer is common. The issue is manifest itself in the copyright ownership of the RED classical works(specially refers to the art works, mainly revolutionary works created during the special historical period from the establishment of the PRC to the year 1990 when the first copyright law of our country is promulgated and implemented). Furthermore, the second edition, performing,shooting and adaptation of the RED classical works bring many copyright issues in recent years, among which the ownership of copyright values the most. Due to the copyright law is retroactive on the recognition of copyright, many works created before the promulgation of the copy right law have the copyright issues, among which the ownership of copyright values the most. Therefore, making clear of the ownership of copyright is an issue of theory and an issue of practice as well.A series of lawsuits on the ownership of copyright of the work is centered by the ownership of copyright on the Hu operaand the infringement of copyright on, which is the adaptation work of the above one. The major purposes of this article are as follows: firstly, exampled by a series of lawsuits on the ownership of copyright of the work , to make clear the problems in the adjudication procedure, to analyze rationally the root of these problems and the judicial issues hide behind and to dig the issue beneath the lawsuits and to represent the acting strategy and skill of lawyers of both parties; Secondly, in the procedure of the creation of the work , by analyzing the property of the creative entity, by sorting out the right and obligation relations in the creative activity, by analyzing the independent copyright of the work and by making the dividing line of works made for hire,general works made for hire and special works made for hire,works of legal entity, the writer comes to a relatively reasonable view on the ownership of copyright of the work . The writer consider it as the general works made for hire, and suggest the analysis could be applied to all the ownership of copyright on the RED classical works. The point set forth is to render a relatively rational interpretation of the ownership of copyright on works made for hire before the promulgation of the copyright law, which is of great practical significance to the frequently appeared second edition, performing,shooting and adaptation of the RED classical works in recent years. At last, the article is ended with the analysis of retroactivity of and the reasonable support of analyzing the ownership of copyright on the RED classical works with modern copyright theory.
Keywords/Search Tags:works made for hire, ownership of copyright, the RED classical work
PDF Full Text Request
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