On The Conflict Of Laws And The Law Applicable To Copyright

Literary and Artistic Works is to promote an important force in development of human society. Copyright law is to protect the spirit of this particular product exists. As the social and historical background of different countries copyright protection system, there are also differences in the resulting conflict of laws. With the 3.0 era of globalization, international cultural exchanges become more frequent, bringing a large number of cross-border copyright dispute, since the copyright is different from ownership of property, with its unique nature of the right, making an already complex choice of law is even more difficult to resolve .In most countries, copyright law did not make a specific application of the provisions of copyright law is applicable to private international law issues as not yet been deeply involved in a new field, the theory of judicial practice are in development, and changes in the process of .Therefore, the study area of copyright and legal application of conflict of laws is of great practical significance.In this paper, the use of comparable methodologies, from the start of the conflict of laws of copyright, analysis of the use of uniform substantive law to resolve the conflict of laws of the pros and cons of copyright, as well as the use of copyright conflict law to resolve the effect of conflict of laws issues, combined with the status quo of China's current legislation and practices on how to further improve China's copyright system in the field of application of the law put forward his proposals.Writing this article as follows:The first part described the conflict of laws of copyright. Through the Analysis of the two concepts of copyright and copyright traced the origins of copyright and copyright in the international and domestic generation and development, with countries in the copyright legislation and specific legal provisions on conflict of laws, illustrates the international copyright protection regime for the formation of as well as the rapid development of science and technology has led to copyright objectively limited regional breakthrough, making the copyright laws within the country through the application of the law courts have extraterritorial effect indirectly, or by conventions in some areas and direct access to the extra-territorial effect, and thus to generate a certain extent, the conflict of laws of copyright. Study of conflict of laws to solve the problem of copyright has important practical significance.The second part and the third part is the full text of the main part of the field of copyright the causes of the conflict of laws made by a more detailed study, and thus leads to two kinds of methods to resolve the conflict in copyright law: harmonization of substantive law and conflict of laws method of adjustment methods .Through these two different methods of analysis concluded that: the unification of substantive law in the harmonization of national copyright laws to reduce the conflicts of law plays an irreplaceable role, but the face of complex cross-border copyright disputes, as the only option is clearly undesirable and, therefore, conflict rules are still the necessity of its existence. The article on the conflict rules under normal circumstances, made use of in-depth study and put forward the views of the author.Part IV of our country set out in relevant legislation and judicial practice, this chapter mainly through the introduction of China's copyright protection system of international conventions and domestic legislation, the status quo, combined with judicial practice in China for China's current status of copyright protection is insufficient to solve the problem of China's copyright conflict of laws put forward some thoughts and suggestions on China's copyright law is applicable to the author put forward a proposal.