Research On Exhaustion Of Copyright

Exhaustion of copyright is an significant system to balance interests of the creator and community. It is essential in the system and the rules of copyright law. It is the world's intellectual property community of a very remarkable topic. Although the specific provisions of different countries is not the same, Exhaustion of copyright system is so important that most countries have provided. However, for the present, China have not made a sound legal about exhaustion of copyright. In order to put forward legislative proposals to further improve, this article wants to discuss a basic concepts of Exhaustion of copyright system, characteristics and nature, values of Exhaustion of copyright and application of Exhaustion of copyright and Exhaustion of copyright and parallel import, Exhaustion of copyright System in China and several other aspects are discussed, which put forward a sound system of copyright exhaustion legislative proposals.The first part introduces the basic concepts of copyright Exhaustion, characteristics and properties. First introduced the most narrow and narrow and broad three views of Exhaustion of copyright, the paper agreed to narrow view of Exhaustion of copyright; then analyzes the premise of the applicable copyright exhaustion, exhaustion of the right of specific items, exhaustion of the specific object and scope of the specific nature of copyright Exhaustion four characteristics; Finally, the nature of the implied copyright license Exhaustion, the transfer of ownership, the law said and rights limit of the four theories, which reveals the nature of the exhaustion of copyright is a right limit.The second part describes the value of copyright exhaustion. Exhaustion of copyright reflects the value of three aspects. First of all, the efficiency value of Exhaustion of copyright, it removes the barriers to the free flow of goods, to achieve a win-win between economic and social benefits; Second, the exhaustion of individual rights - social value of two-way standard system model, reflects both the interests of copyright law on the protection of copyright, copyright law also embodies the pursuit of social and public interests; Finally, the value of the copyright balance between the interests of exhaustion, it's part of the copyright owner through the exhaustion of rights, the copyright owner, between the purveyors and users to achieve a balance of interests.The third section examines the application of copyright exhaustion. First, the exhaustion of the right of entry of the scope of copyright, publishing rights were introduced, the exhibition rights for copyright exhaustion, rental rights, the right distribution network works and works of art droit copyright exhaustion does not apply; Secondly, the analysis of the spatial effect of the scope of copyright exhaustion, Exhaustion of copyright whether the locality, mainly in the domestic and regional exhaustion Exhaustion said and the international exhaustion of said three different claims.The fourth part is devoted to Exhaustion of copyright and parallel imports. First of all, explain the basic meaning of parallel imports; Secondly, the introduction of copyright exhaustion and parallel imports, parallel imports and a foreign trade and economic development interests are closely linked,the recognition of international exhaustion of copyright exhaustion is equivalent to recognition of the legitimacy of parallel importation; Finally, the U.S, EU, Japan and Singapore on the issue of parallel importation laws are introduced.Part V discusses the Exhaustion of Chinese System of copyright issues. To learn from advanced legislation experience to improve our legislation, the paper to draw from the the status of the legislation about exhaustion of copyright and analysis and comparison of international and two legal cases of the major countries of the different legislative. Therefore, this article suggests exhaustion of provisions in the copyright of the existing "Copyright Law" in the "rights restrictions" section, the provisions applicable to the scope of the right of entry exhaustion distribution rights, rental rights, theatrical rights and conditions of exhaustion of the right to exhibit space for Conditional short-term range of international exhaustion that followed the short term, in principle, recognize the legitimacy of parallel importation.