The Registration Institution Of Copyrights Transfer In China

Based on the fact of continuance occurrences of"one copyright has been sold to many", this paper explores the reasons of difficulties of protecting copyrights transactions. It also elaborates how to avoid the aforesaid occurrence, protect the assignee of the copyrights and the third party in good faith. The detailed discussion in this paper follows the logic of raise question, analyze question, solve question and conclude question. The main body of the paper is comprised of four chapters:The first chapter analyses the current situation of copyrights registration and its existing problems. Under the current regulation, the registration of copyrights only has "prima facie" effect but not a right to the presumption of validity. Since the rights of copyrights'ownership and the right of state are lack of presentable characteristics to the public, the transaction of copyrights is difficult to protect.The second chapter discusses the legal basis, system basis and value basis of the establishment of the copyrights registration. Based on the theory of appearance rights, this paper discusses the necessity of establishing the registration institution for the copyrights transaction from the nature of copyrights and its object, the prevalence of the work and other aspects of the copyrights.The third chapter proposes the assumption of establishing the registration institution of copyrights transfer. The paper exams the pros and cons of the registration confrontation principle and the registration conservation principle, it also raises the point that China should take the model of registration confrontation principle and emphasis on the reason of taking such principle. In the last part of the third chapter, it brings up the assumption of establishing the unified registration organization and the review responsibilities of the organization.The fourth chapter studies the protection of the third party in good faith under the registration confrontation principle and promotes the idea of constructing the system of good faith acquisition. Based on the principle of trust and protection in civil law, it discusses the necessity of the protection for the third party in the transfer of the copyrights. The end of this chapter also proposes the design of copyrights acquisition system.As the conclusion of this paper, it states that the registration institution is the premise to protect the copyrights transfer. The registration confrontation principle is the most appropriate method since it is in accordance with the spirit of the copyrights law, the prevailing civil law and the ability of registration organization . With the integration of good faith acquisition, the registration confrontation principle can better protect the interest of the third party in good faith and thus protect the transaction of copyrights.