Protection Of Illegal Derivative Work

The copyright law protects original work, and whether the works on copyright lawinclude blemish work on right? To derivative works, only the copyright owner or theauthorized personnel can enjoy the copyrights of the work, whether copyright law protects thework someone produces without permission from the copyright owner? In practice, there arealready illegal cases that someone infringes illegal derivative works, because it is notstipulated in copyright law, illegal derivative works ‘s status is ambiguous, and it made thethird person can discretionarily use the derivative work, the author of illegal derivative workcan do nothing for infringement and interests to victims can not be protected. Lawless isdilemma that illegal derivative works must face, but more and more voice put forward in itsprotection, therefore, legislation and practice will face problems whether and how to protectillegal derivative works.Based on the definition of the derivative work, from the aspects of social researchmethod and the comparison analysis etc, the article demonstrates the necessity of protectionillegal derivative work, discusses the illegal derivative work’s status, clears the illegalderivative work’s properties, discusses the foundation of protection of illegal derivative work,and finally analyzes how to reduce illegal deduce from source and how to protect illegalderivative work.The paper is composed by the introduction, the text, and epilogue, and the text is dividedinto five parts.Introduction mainly introduces reality condition of the illegal derivative work appear,puts forward fuzziness of status of the illegal derivative work, and put forward importantpractical significance of protection of illegal derivative work.The first part mainly defines the illegal derivative work. From the concept, constitutiverequirements, how to discriminate illegal derivative work and it’s characteristic.The second part demonstrates the necessity of protection of illegal derivative work. Thispart demonstrates the necessity of protection mainly from market value, intellectual propertyrights law purpose etc.The third part is the main part, mainly summarizes the protection of illegal derivativework in all aspects. Firstly analyzes protection of the illegal derivative work law philosophy’s foundation and foundation of Law and Economics, and also discusses claim’s foundation ofthe illegal derivative work, then discuss the mean of protection of illegal derivative work. Atlast, analyzes the illegal derivative work of the balance of kinds of relationships.The fourth part involves in comparative law. Through the international treaty and theUnited States, Germany’s intellectual property law, the analysis of the relevant provisions, andfurther demonstrates the protection of necessity of illegal derivative work for, at the sametime, the comparison and analysis of the international treaty,the United States, and Germanyabout illegal derivative work rules.The fifth part mainly analyzes about the illegal derivative work ‘s legislation and judicialpractice in our country, and puts forward there is no rules about the protection of illegalderivative work, and make some suggestions with how to reduce illegal derivative work, andhow to carry on the correctly protection.