On Coordination And Improvement Of The Relationship Between Copyright And Real Right

The transfer of the original visual art works will lead to real right and copyright belong to different people, which makes the relationship between the two to be coordinated becomes necessary,and so to the interest between them. With Article 18 of Copyright Law of the people’s republic of China and Article 22 of the manuscript of the Copyright Law’s comparison based, coupled with Qian’s letters’ case and mural case of Battle of Red Cliff, this paper runs through the status of the relationship be coordinated between the copyright and the real right and studies foreign-related legislation and practice,then put forward legislative proposals related.The full text is divided into five parts.The first part is about the theoretical basis between the copyright and real right, which mainly analyzes the relationship between works and works carrier, and the relationship between the copyright of the original works of visual art and original property, then demonstrates the rationality of the Article 18 of our Copyright Law. The second part is about the difficulty when apply our Copyright Law to deal with the relationship between copyright and real right, including the demand to extension the applicable object and the difficulty to apply Article 18 of our Copyright Law in practice, it follows the shortcoming of the Article 18. The third part is about the relationship between the copyright and real right, which mainly demonstrates by the Article 22 of the manuscript. The fourth part is about how the foreign legislation deal with the relationship between the copyright and real right, which is to get reference by study the copyright law of Germany, Japan, United States and France. The fifth part is about how to improve our Copyright Law on dealing with the relationship between copyright and real right, which puts forward the conclusion about the theory and institution based on the above four parts.