Research On Contractual Copyright Transfer

The definition of the contractual copyright transfer is that others temporarily or permanently acquire the ability to exercise or possess copyright from the author by a certain way. There are three main ways of transfer of copyright, first is through inheritance or owned by others, the second is through the transfer contract to all others, the third is the permission for others to use by contract, in addition to the copyright hypothecation, bequest, etc. The agreed copyright transfer includ copyright licensing, copyright transfer, copyright hypothecation and gift. With the rapid development of information technology, Internet technology increasingly update, has brought new opportunities for cultural industry, especially for the realization of the economic value of copyright provides advanced technology platform and tools, greatly improved the work assignment and licensing of copyright agreement transfer efficiency, more and more authors use the copyright transfer in different ways to realize the economic value of their own works. So copyright transfer is important in realizing the economic value of copyright, also is important in promoting commercialization and industrialization of the works. However, with the increase in the copyright agreement transfer practice, there are many problems such as copyright infringement, as well as rights conflict, brought new challenges to copyright legislation. Exclusive license to use default permissions,such as copyright infringement of a third person and the default transfer of the copyright owner of copyright infringement phenomenon,such as more than a right to sell the existence of the pledgee’s personal rights and property rights, copyright rights conflict. This article base on the copyright "monism" and "dualism" theoretical analysis and the analysis of the copyright transfer agreement with copyright legislation present situation, find out the transfer of copyright agreement the root of the problem. To solve the problems existing in the transfer of copyright agreement, we shall establish a set of perfect rules of copyright transfer. Due to the legislation of intellectual property rights in China starts late, for the transfer of copyright law is not sound, in practice, such as copyright licensing, transfer of copyright, copyright pledge several main way of copyright transfer exists many contradictions and conflicts, and trading the lawful rights and interests of the parties can not get effective guarantee. In this paper, from the three main way of transfer of copyright legislation present situation and the implementation of the present situation, draw lessons from the property law of the principle of real right change, thus put forward the legislative Suggestions on transfer of copyright, for copyright transfer theory and legislation of our country has some benefits. In this paper, there are a total of five parts.The first part is the background of the copyright agreement transfer, that is, information technology has brought the copyright agreement transfer opportunities, cultural industry into the digital era, new technology to improve the efficiency of the copyright transfer. The agreed copyright transfer need to establish a perfect legal system adjust to the needs of The Times. The second part is an overview of copyright and agreed copyright transfer, this paper introduces the features the nature of copyright, the classification of the definition of copyright transfer and copyright transfer. Due to the characteristics of invisibility of copyright, particularity in copyright transfer, we can do a comprehensive analysis of existing problems of the copyright agreement transfer. The third part is the agreed copyright transfer."Procedures", the gist of the copyright, written on the copyright of the works; The division of monism and dualism makes the copyright of author is independent of the writings, only to the provisions of the copyright transfer in practice operation possible, but this kind of dualism of copyright legislation choice bring to agreed copyright transfer lots of tort and the conflicts of rights. The fourth part respectively from copyright licensing, copyright hypothecation and the provisions of the copyright transfer three main transfer forms, introduce their legislation present situation and the implementation of the present situation of in-depth analysis, find out three problems that exist in the agreed copyright transfer. The fifth part analysis the causes of the existing problems in agreed copyright transfer. The present copyright law in t agreed copyright transfer need to set up a corresponding system of public summons. Then introduce the property law of real right change mode, combined with the theory and the practice needs idea of agreed copyright transfer system.