Study Of The Legal Issues Of Copyright Transfer

With the rise and vigorous development of knowledge economy nowadays, Trade in Copyright has become an irresistible trend of history. It not only about the realization economic interest of authors, but also for the dissemination of works, and cultural prosperity, to a certain extent, reflects the high country political, economic, and cultural levels, it have the most important influence to the country's economic and cultural construction. This dissertation conducts a basic research on the fundamentals of the assignment of copyright, including its concept, nature and contents. Particularly, on the basis of analyzing the knotty problems in the assignment of copyright, the dissertation, makes several legislative suggestions for the purpose of further improving the system of assignment of copyright in China.The dissertation proceeds as follows. The first part defines the concept, characters and ways of the assignment of copyright and clarifies the differences between the assignment of copyright and licensed use. This part goes further to explore the legal characteristic of the assignment copyright, such as the subject of assignment copyright, object aspect, Only the economic right in copyright can transfer, not include the spiritual right in copyright, the relationship between copyright and its physical carrier and the coordination between the economic right in copyright , which is transferred after an assignment ,and the spiritual right in copyright ,which permanently remains in the hands of the author, it draws the conclusion that the doctrine of exhaustion of spiritual right shall be taken.The second part discusses the validity of the assignment copyright. In this part, it analyzed the nature of the economic right in copyright and the law foundation of assignment copyright. The nature of the economic right in copyright includes absolute and exclusive, transferable, sociality and the succession. The theoretical basis of the transfer of copyright is philosophical foundation and economic foundation. In the third part, the different views on the nature and the different legislations of the assignment of copyright in both the common law system and civil law system are discussed. It focuses on the legislation in civil law countries such as Germany and France, common law countries such as the United States and the UK, the former legal basis in copyright are monism and dualism, the common law is economic values in copyright. Because of this different understanding, has three kind of legislative styles, (1) be non-transferable, Germany as representative. (2) restricting the transfer , France as representative. (3) Free transfer, the UK-US legal system as representative. Finally, this part draws the conclusion that in our country should adopt "the dualism" viewpoint.The fourth part analysis some problems in the legal provisions of the assignment copyright in our Copyright law. Such as the whole assignment of copyright ,the assignment of future works ,the time-limit for the assignment of copyright and the relationship between the contract of assignment and the contract of licensed useThe final part focuses on the issue of how to improve the system of assignment of copyright in China. It analyzes the shortcomings of the copyright law caused by the system of assignment of copyright, and the remaining imperfect areas after amendment. On the basis of those analyses, some legal proposals are suggested on how to improve the system of assignment of copyright in China.