Research On The Protection Mechanism Of Handwritten Letters

In recent years, the development of domestic living quality boosts people’s spiritual dem and, as a result of which the fever of collecting letters and scripts of those celebrities has been one of the fields on rapid growth. The popularity of these things, for one thing, originates fro m the celebrity effect of the celebrities, and for another, these works are often full of thoughts,literariness and artistry and bear unique aesthetic value. However, there are different views o n whether the letter belongs to the work in Copyright Law, which category of work that letter belongs to, and what is the relationship among the copyright, privacy right and real right of th e letter, so that disputes exist on the decision of tort of letters in the judicial practice. This thes is applies the case“YANG JIKANG vs. ZHONG MAO SHENG JIA INTERNATIONAL AU CTION CO., LTD, YANG JIKANG vs. LI GUOQIANG”, one of the most representative cas es in 2013 decided by the Supreme Peopleв’s Court, explores the category belonging, the relat ionship among the three rights(the copyright, privacy right and real right) of the letters, and h ow to create and improve the protecting mechanism.This thesis is divided into six parts. The first part is an introduction of the case. The seco nd part discusses whether the letter involved belongs to the work in Copyright Law, how to id entify the conflict between the copyright and the real right of the letter and how to understand the relationship between the copyright and privacy right of the letter. The third part is an anal ysis of the copyright of the letter, which, based on an analysis of the originality and replicabili ty of the letter and a comparison between the letter and the legal categories, concludes that the letter belongs to the work in the Copyright Law and classifies the letter into the written works category. The fourth part is an analysis of the relationship between the copyright and real rig ht of the letter, which takes the action of posting the letter as a fact to separate the copyright a nd real right, and further analyzes the right disputes on the publication, assignment and earnin gs of the letter between the receiver and the author. The fifth part explores the relationship bet ween the protection of the privacy right of the author of the letter and fair use, which starts fro m a classification of published letter and unpublished letter and discusses the equilibrium mec hanism between the protection of the privacy right of the author of the letter and fair use. The sixth part is the conclusion, which makes a conclusion of the essence of the thesis and propos es suggestions from the perspective of establishing the system of right of pursuit and standardi ze the letter auction system so as to clarify the fundamental objective of discussing the copyright, privacy right and real right of the letter, that is, to establish the protection mechanism for the letter from the perspective of legislation and judicial practice and leaves no loopholes for t hose who attempt a tort infringement.