Research On Conflict Of Copyright And Ownership Rights

Conflict of rights has always been a controversial legal issue. The study of conflict of rights keeps going deeper all those years, from abstract to specific, and from theory to practice. Recently, in the field of intellectual property, the problem of right conflicts has become prominent. In 2003, the occurrence of Qian Zhongshu Letter case led people to think about the conflicts between copyright and ownership right. Copyright and ownership both play significant roles in different fields. In reality, there might be certain limitations and conflicts, which have been gradually increased along with the growth of protection for intellectual property, during the enforcement of those two types of rights. This article will illustrate and analyze this problem deeply, as well as try to give some advice to the solution.There are four parts in this article. The first part of this article will, through some cases, directly point out the existence of conflicts between those two rights, and reveal the practical significance to study this problem. In the second part, the way how those rights could be in conflict with each other, such as the conflicts between right of publication and ownership, and between right of distribution and ownership, will be analyzed. And the third part will try to analyze the reason of the existence of conflicts between copyrights and ownership, from the angle of subjects as well as objects of right, which would bring out the essence of this problem. At last, in the forth part, with reference to rules of the foreign jurisdiction, and manifestation and reasons of conflicts’ occurrence, this article brings up with some suggestions to reconcile the conflicts between copyright and ownership right, from aspects of legislation, judiciary, and so on.