Study On The Right Of Work's Rental

The Item 1st of the Article 10th in the Copyright Law which was amended in October of the year 2001 stipulates the Rental Right of Works, while the Item 1st of Article 41st in this law stipulates that the fabricator who produces the audio and video recording has the right to rent out and receive remuneration. The introduction of the system of the Rental right of Works is an embodiment for the incessant improvement of our country's legal system concerning the intellectual property rights. Through the research on the legislation of the Rental Right of Works and the theory of the exercise of rights and from perspective of the development of the system of exhaustion of rights, this paper is intended to respond to several issues involving the system of the Rental Right of Works, hoping that the theoretical circle would attach greater importance to the research of the Rental Right of Works.This paper is divided into four parts, the first part outlines the Rental Right of Works, the author has made the preliminary analysis about the Rental Right of Works and defined it as the right of the owner of copyright or neighboring right of the works to permit others to use the object of copyright or neighboring right within a definite time so as to gain reward accordingly. In order to get more knowledge concerning the Rental Right of Works, the author has analyzed the regulations about the Rental Right of Works in the Copyright Laws of the USA, Japan, European Union, Chinese Taiwan and the relevant international pacts, such as the TRIPS, WCT and WPPT, which are studied in company with Chinese Copyright Law, and has summed up two kinds of legislation model of the Rental Right. One is the style of link, which means that the Rental Right of Works is brought into the right of publication, that is to say, the right of publication includes the Rental Right. The other one is the style of single line, which holds the rent as a separate style of using works, which is not included in the publication right. By comparing the two modes of legislation, we can enter into the conclusion that the latter mode is better for not only the division between the right of publication and Rental Right of Works, but also for the protection of the copyrighter's legitimate benefit.The second part of this text focuses on the scope of subject and object and the content of the right. The article says the subject of the Rental Right of Works should contain the owner of copyright and neighboring right. In consideration of the original idea about the legislation of most countries and the practical necessity of the balance of benefit, we must restrict the scope of the object of the right. Meanwhile the author holds that the intense harm to the copywriter's benefit is mainly done by the hirers of the film products, computer program products and audio and video products, which may produce enormous profit for the hirers and easily infringe on the rights of the copyrighters. Consequently, the scope of the object of the right on rent should be limited to the said three kinds of products. On the basis of the clarity on the subject and object of the rental right, the article inquires into the content of the Rental Right of Works. At the same time through the research on the relation among the distribution right, ownership, the Rental Right of Works and the right of public to borrow and read the works, this article would make more clarity as to the distinction and connection concerning the system of the Rental Right of Works and the relevant theory.The third part of this article discusses the system of exhaustion of copyright and its impact to the rental right system. Taking the connotation of copyright exhaustion as a breakthrough and by comparing the its meaning in a broad sense, a narrow one and the most narrow one, this paper has used the copyright exhaustion for reference to discuss the origin of the rental right system and the impact of copyright exhaustion to the rental right system.The fourth part of the article discusses the tort of the Rental Right of Works and the ways of relief. Through the discussion on the modes of the infringement to the Rental Right of Works, the author has put forward some problems which should be paid into attention and get the constitutive requirements of the tort. By the analysis of the tort to Rental Right of Works, the author is of the opinion that the right owners in the rental right infringement case could demand the infringers commit the civil liability such as the elimination of influence, apology and the compensation for damage through negotiation, arbitration and judicial way by themselves or the authorized collective copyright management organization so as to protect their legitimate rights and interests.