Study On The System Of Pledge On Property Rights In A Work

Pledge on Property Rights in a Work, taking advantage of exchangeable value of Copyright ,is one form of the usage of Property Rights in a Work. Since the no. 1 decree of the Chinese Copyright Bureau—The Measure on Register of Contract of Copyright Pledge is promulgated in 1996, there are few of examples of utilizing Pledge on Property Rights in a Work for financing. The first example of Pledge on Copyright Property took place in 2002 after six years of the promulgation of the referred measure. Now the subject matter of Pledge on Property Rights in a Work is usually confined in software, so many works consisting of literary works, music, movies, scripts, art, have enormous economic value, which cannot exert efficient function of the value of the right. This reflects that the system of Pledge on Property Right in a Work is incompatible to the vigorous development and financing of Chinese copyright industries at present. There exist flaws of undefined rules, conflicts between laws and regulations, inefficiency and poor interoperability and so on in the system of Pledge on Property Right in a Work in our country.The system of Pledge on Property Rights in a Work belongs to cross-cutting areas between Copyright Law and Guarantee Law, which is neglected by theoretical circle. Although some intellectual property scholars and civil law scholars have gone on discussion on the system, they always express their views on the certain aspects of the Pledge Right, without deep and comprehensive theoretical research and systematically elucidatory monograph on Pledge on Property Rights in a Work. The respectable amount of referred irrational and incomplete laws and regulations don't afford a good platform favorable for theatrical interpretation for theoretical studies.On the base of fundamental theory of copyright and civil law, this paper want to analyze and interpret fundamental theory of Pledge on Property Rights in a Work, express the inadequacies of legal provisions in the present system, define and tease the system of Pledge Right, in order to put forward thoughts and specific measures on integrating the system of Pledge on Property Rights in a Work of our country.In this paper, a total of 34,000 characters are divided into six parts.The first part is the summary of Pledge on Property Rights in a Work. In this part, it analyzes the definition of Pledge on Property Rights in a Work, whose subject matter is Property Rights in a Work. The right is pledge of rights in nature. Pledge on Property Rights in a Work is different from impawn on Property Rights in a Work in legal concept. As a special pledge of rights, it has characteristic nature compared to Pledge on Movable Property.The second part discusses subject matter of Pledge on Property Rights in a Work. The subject matter is property rights in a work, this part also refers to creation of Pledge on share of Property Rights in a Work and specific future works in theory.In the third part of this paper, it analyzes creation of Pledge on Property Rights in a Work. This part sets forth terms and mode of creation of the right, the creation of the right of pledge includes a valid pledge contract and pledge registration. It also interprets the relation between contract of Pledge on Property Rights in a Work and pledge registration—pledge registration don't affect the validity of the pledge contract, pledge registration is one element of the effectiveness of the pledge contract.In the forth part, the paper introduces validity of Pledge on Property Rights in a Work. The validity on Pledge on Property Rights in a Work contains scope of validity of the pledge and content of the pledge. The scope of validity of the pledge contains not only pledged property rights in a works, but also the fee of license use of works and the right of the damages Claim against works. The content of validity of the pledge includes validity on pledgor and validity on pawnee. This paper emphasizes the balance of the interest between pledgor and pawnee, and it elaborates on relationship between rights and obligations between pledgor and pawnee.The fifth part refers to elimination of Pledge on Property Rights in a Work. This part narrates the reasons of elimination of the pledge. Realization of Pledge on Property Rights in a Work is the main reason of the elimination of the pledge, and this part also analysizes other reasons of the elimination of the pledge.The last part in the paper discusses shortcomings and integrity of the system of Pledge on Property Rights in a Work. The part firstly discourses on laws and regulations of Pledge on Property Rights in a Work in China and analyzes the shortcomings and suggestions of integrity of the system of Pledge on Property Rights in a Work.