Improve The Legal Risk And The Trading System Of Copyright Transactions

With the vigorous growth of China’s economic, the rules and regulations related toeconomic development in China have been improved gradually. The gradual ripeness ofvarious transaction systems leads to the healthy and sustainable growth of the economic.However, poor performance of intellectual property trade in China leads to theimperfection of its legal system. The copyright law has been amended twice, but stillshows the weakness of law enforcement, therefore the copyright trade is far fromdeveloped. The cultural industry has a late start up in our country, especially thecopyright protection, imperfect transaction system and transaction market, there may benumerous legal risks arising from this industry. If there may be risks associated with thetrade, the transaction is prohibited from development, there may even be huge loss tothe transaction parties. The weakness of the legal system and transaction system makesit difficult for the copyright market to improve itself. Marx and Engels wrote in thebook "The German Ideology", that the Economic base determines the superstructure, Ithink that the relationship between the two is not just the bottom-up, but complementary,superstructure also decide whether the basis is strong and prosperous. The “CulturalIndustry Plan”approved by the State Council on July22,2009has shown us that ourcountry has considered cultural industry as the key component of the economic, theecnomic in cultural industry will boom up in the near future. Copyright transaction isthe key component in the whole intellectual property transaction. The maturity andactivity of the copyright market determines the future of the cultural industry. makesthe effective conjunction of copyright trade with current applied laws and regulations,and also meets the need of trading parties, to set up a copyright trading system isbecoming a key topic of the society.The core of the issue is how to improve the existingcopyright trading system, in which perception of copyright law is needed to be modifiedand improved, enabling it to comply with existing laws and regulations, consistent withthe practice, which is the urgent problem arising from intellectual property field.This article starts from an analysis of current status existing in the copyright tradefrom the perception of the administrative authority, and then from micro point of viewwhich is copyright trading practice analyzing the legal risks and possible solutions tothose legal risks by complying the freedom of contract principle associated withContract Law. At last, I analyzed the legal risks and relevant protections to the trading parties by stating the problems caused in copyright contract. This article is based on myknowledge, the weakness of my argument is meant to initiate the good ideas whichprovides the theory foundation of improve the copyright contract and copyright law.The structure of this article is divided into four parts: First parts is a micro point of viewto the copyright contracts, which is copyright administrative authority; the second partis an analysis of main problem and object problem in contracts; Part is the method ofhow to improve the copyright contract system; and Part is the suggestions to thecopyright contract legislation in order to avoid legal risks based on the characters ofcopyright contract and legislative experiences of countries with advanced copyrightcontract.