Study On The System Of Exhaustion Of Copyright

Exhaustion of copyright is an important system to equilibrium benefits of the creator and social public. With the changes of ages, it has been the one of important functions for justice of request of copyright law. Nowadays, most countries in the world have approved the exhaustion of copyright and had the explicit laws. Although different countries do not have the same concrete provisions of this system, it is unavoidable that the exhaustion of copyright has always played an important role in the copyright law. Each country has different attitude towards exhaustion of copyright and makes different stipulation to it. Most developed countries recognize it and make it as a principle in law. Because of the complex of exhaustion of copyright, most related universal copyright conventions don't make any stipulation to it. Exhaustion of copyright has arisen and the exhausted right has changed in accordance with the development of science and technology. China does not have overall provisions about exhaustion of copyright in copyright law. But with fast development of integrity of world economy and global trade liberalism, exhaustion of copyright is an important issue to be researched for the development of Chinese copyright law.The whole thesis is divided into five chapters. The first chapter mainly analyzes the concepts and characteristics about exhaustion of copyright from different aspects.Then it uncovered the essence of exhaustion of copyright to explore the rationality.The present study on exhaustion of copyright is mostly confined to the introduction of the basic knowledge, or gives more emphasis to excavate and probe the negativeeffect. Exhaustion of copyright is closely related to the law character of copyright. Therefore, it is necessary to fully recognize the law character of copyright in traditional copyright theory.The second chapter discusses the scope of validity of exhaustion of copyright, including the scope of validity of right and the scope of validity of space. And the scope of validity of space in exhaustion of copyright is one of the most controversy problems in copyright law. The problem on exhaustion of copyright has arisen in our country. The development of international economic integration and freedom of trade will inevitably give rise to the issue of parallel import, which is actually most complicated. It involves the problem of parallel import in the field of copyright. The parallel import in copyright law has been an important aspect about all countries and international intelligent property right lawmaking and relates to the benefits of the foreign trade and economic development in China.The third chapter mainly makes a comparative study on the stipulations and related legal practices of foreign countries about exhaustion of copyright. Thought the analysis of exhaustion of copyright in different countries, China can perfect the law of exhaustion of copyright by the lessons from other countries.Then the last chapter is about how to improve the exhaustion of copyright in China. The copyright law in our country has no related stipulation on exhaustion of copyright, which has not been given enough attention by the people. Although China has kept off the ages of no laws to be depended, it is still not good enough on the copyright law especially the system of exhaustion of copyright. Exhaustion of copyright is on the bases of the balance of interests between the author and society, and it is the law adjustment between the free movement of copyright commodity and copyright protection clash. The exhaustion of copyright is the important embodiment in copyright law by not abusing rights. With the development of science technique and comprehensive national strength, it is inevitable to improve the system of exhaustion of copyright in legislation of Chinese copyright. And it is suggested that the provision of the system of exhaustion of right of copyright be included in the section of "limit of right" to improve the copyright law,including the exhaustion of copyright and publish right., the exhaustion of rent right and the territorial exhaustion.