The Legal Risks Of Copyright Contract

Copyright law of China which was emended twice has been much perfect,people's awareness of Copyright law is improving too.Along with the develepmemt of market economy and the gradual improvement of different kinds of trading platforms in China,people have gradually deeply realized its market value as a property right through the living examples of copyright protection.With the improvement of the whole social material living standard in China,people's demands for culture products is also gradually growing which will promots the development of our country'cuture industry objectively.Copyright industry is the core one of culture industries.The development of the copyright industry requires the sturdy trading platforms and at the same time forceful legal protection of copyright is the foundation of the perfect market trading platforms just as the legal protection of real right in protection of traditional industries.Based on the forceful legal protection of copyright, the improvement of rules and techniques of the copyright trading will become guarantee for security and success of the transaction.Copyright contracts are indispensible means of copyright trading,a good copyright contract can correct the demerits of the copyrigt trading ,leting the tradings not only abide by the law and rules but also achieve the purpose the tradings.However,the copyright contracts which have hidden defects will result in poor trading and thus more conflicts between or among the parties will rise up,what's more,it will creat oppertunities for harmful parties and bring about huge losses between the two parties.With the purpose of guaranteeing the security of the copyright trading,from the transferee's angle in copyright trading ,this text analyzes and disscusses the risks and prevention of the copyright contracts and proposes personal academic point of view and legal advce in order to perfect the theories and practice of copyright trading system.In the first place,from the angle that a copyrighy contract is availably formed,this text analyzes the necessary conditions of a efficient copyright contract and makes a valid basic outline for a copyright contract as a foundation to the next step which analyzes the risks of the copyright contracts.In the second part,from the angle that ascertaines the copyright's bargainor,the text analyzes the reasons of the risks of the copyright contracts and at the same time proposes countermeasures by the means of analysing the cases. In the third part,from the angle that the transaction details are agreed indistinctly in copyright contracts,this text analyzes the representation of the risks and provides prevention advice.In the forth part,from the angle that the law interferes with the freedom of the contracts,it analyzes the risks as well as countermeasures of the copyright contracts.At epilogue,according to the characteristics of the copyright trading, Author suggests that our courtry should improve and perfect the copyright registration system and establish copyright transaction record publicity system and meanwhile, proposes the relevant advice on legislation in order to ensure the safety of our country's copyright trading.