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On The Transfer Of Ownership And Disclosure The Establishment Of The System

Posted on:2008-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:H M FuFull Text:PDF
GTID:2206360215472827Subject:Civil and Commercial Law
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Circus on a disputation of "a song, copyright transfer many times", there arethree parts to discuss the problem of protecting transferee's benefits and safety ofbusiness from legal angle in the article.The first part is "about the question". After describing the case and judicialdecision, the article puts forward to a series of questions. When does assign at thetime of transfer of copyright? Does it happen after making a contract or deliveringthe carriers of works? Who is the man gets priority after transferring many times?During the analysis, I found the current law of Copyright can not support theperfect system of protecting the third person's benefits and the safety of business.How to rule the "a song, transfers many times" behavior legally is a problem. Thearticle adopts the way of thinking of civil law principals in support of the shortagein Copyright Law.The second part is "the way of solving--the establishment of the system ofthe transfer of copyright". The reason why this phenomenon takes place frequentlynot only is short of business good faith but also lack of proper prescription toprotect transactional safety on our copyrights. Considering the business good faithcan not build up in one day, so we have to perfect the legal system firstly. Then thearticle makes a detailed discuss on theory foundation, system foundation and valuefoundation. This article puts forward to the law hypothesis establishing the publicsystem of the transfer of copyright by drawing lessons from the system of PropertyLaw, legal practice and making reference to some lawmaking experience of somecountries.The third part is "construction of public system of the transfer of copyright ofour country". I put some suggestions, such as taking registering as transfer ofmethod, Copyright Bureau as registering administrative office and registration asthe effect element. And in this part,Ⅰgive my viewpoints and reasons onestablishment of registering-aided system of the transfer of copyright andinformationization of public registry system of the transfer.All above is the way of writing and main contents of the whole article namedon the public system of the transfer of copyright to perfect the system of the transfer of copyright and keep business safe.
Keywords/Search Tags:a song,copyright transfer many times, transfer of copyright, public registration, legal effect, system construction
PDF Full Text Request
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