Research On The Copyright Protection Of Derivative Work

With the development of network technology, information disseminated as neverpreviously existed. Derivative work poured into public field with official publication.However, our protection system of derivative work is too simple to develop the kind of suchcreative forms, which would lead to a more confusion times of copyright ownership. To thisend, I hope that I can offer a feasible proposal to construct the protection system of derivativework according to the real needs and the legal basis, through the research on the copyrightprotection of derivative work.This paper is divided into four parts. The first part is the concept and features ofderivative work. We would define the meaning of derivative work by etymology and relevanttheory and legislation and highlight the features through the analysis on constitutive ofderivative work. The second part is an overview of kinds of derivative work and analysis oninfringement of derivative work. I would investigate the different kinds of derivative work bycomparing with international convention and legislation of major country and find out theaspects on infringement of derivative work. The third part of the protection status ofderivative work, given the necessity that protection on illegal derivative work is the mainpoint to construct a new system of copyright ownership due to protection status which hasmore and more deficiency, such as couldn’t balance each benefit of relevant subjects, with therapid development of network technology. The fourth part is the protection of illegalderivative work. Though illegal derivative work protection is important for constructing anew system of copyright ownership, there is no clearly defined that how to protect illegalderivative work. For this, I would analyze the protection system of derivative worktheoretically.