Study On Mode Of Copyright Transfer In Terms Of Copyright Assignment And Exclusive Licensing In China’s Legal System

Based on the questions raised from the frequent occurrence of disputes ontransferring one copyright to several subjects, the author endeavors to investigate themode of copyright transfer in terms of copyright assignment and exclusive licensingadopted in China’s existing legal system as well as put forward suggestions on theimprovement of the mode of copyright transfer in China’s future copyright legislation.The thesis comprises three chapters.In the first chapter, the author raises questions. At the beginning of the thesis,two typical cases of transferring one copyright to several subjects are introduced. Theauthor accordingly raises a series of questions. For instance, what are the reasonsunderlying the abovementioned cases? Which assignee or licensee is eligible for theownership or license of the copyright in such cases? When dose the copyright transfertake effect in terms of copyright assignment or exclusive licensing? In the two cases,the judges made verdicts on the common ground that the party which firstly signs thecopyright assignment or licensing contract gets the ownership or the license ofcopyright. But there is no related specific provision in China’s existing copyright lawsor regulations to support the aforesaid verdicts. So it comes to the question, whetherthe above verdicts based on the discretion of the judges are proper?In the second chapter, the author analyses questions, elaborates the basic theory of the mode of copyright transfer in terms of copyright assignment and exclusivelicensing, probes the mode adopted by China’s existing copyright laws andregulations, and puts forward suggestions on solving the problems faced by the trial ofthe abovementioned cases. Using the theories of real right transfer for reference, theauthor probes the mode of copyright transfer in terms of copyright assignment andexclusive licensing in china’s legal system. Based on the analysis of China’s existingcopyright laws and regulations, the author considers, with regard to the mode ofcopyright transfer in terms of copyright assignment and exclusive licensing, China’sexisting copyright laws and regulations adopt the le principe du consensualisme andregistration serves as the preliminary proof. The author accordingly gives suggestionson how to determine when the copyright transfer takes effect, i.e. the copyrighttransfer takes effect upon signing the contract of copyright assignment or licensing,and if the contract has special terms specifying the time of copyright transfer, the timewill prevail. The author then puts forward suggestions on the amendment of therelated provisions of China’s copyright laws and regulations.In the third chapter, the author investigates the improvement of the mode ofcopyright transfer in terms of copyright assignment and exclusive licensing in china’sfuture legal system. Based on the comparison and analysis of the different modes ofcopyright transfer, the author suggests adopting the le principe du consensualisme andthe registration antagonism in terms of copyright assignment and exclusive licensingin China’s future legislation. In the framework of registration antagonism, the authoralso puts forward specific suggestions on perfecting the registration system, such asrevising related provisions of laws and regulations, improving registrationorganizations and establishing unified internet information platform of registration,and etc.