A Study About The Right Of Exhibition

Since there are rare disputes in practice, there are rare studies on the right of exhibition. But the related provision of the right of exhibition in copyright law in force is so brief and with so many flaws that scholars have very different understanding of it. Legislators have wrongly distinguished the object and target of exhibition, leading to a false understanding of the nature of the right of exhibition. the object of the right of exhibition is the work of the fine arts or of a photographic work. The target of exhibition is the original copy or reproductions of the fine arts or of a photographic work. There is only one owner of the right of exhibition of this work as there is only one work. While the ownership of a copy of the fine arts or of a photographic work is transferred, the author maintains the right of exhibition. The owner can publicly display the work and this constitutes a restriction to the right of exhibition according to implied licenses.To “publicly display” a work in the terms of the Copyright law of China means to show a copy of it directly in a place where the public receive it at the same time. Not all the behavior of displaying a work is controlled by the right of exhibition. It is not an infringement of the right of exhibition if the display isn’t made with the purpose to show the content of the work. Thus, a display of goods with fine arts or photograph on it may not be an “exhibition” if the display of work is subordinate and inevitable.The third chapter of this essay discusses the limitations on the right of exhibition. Article 18 of the Copyright law of China reads” the right to exhibit the original copy of the work of the fine arts shall be enjoyed by the owner of the original copy”, letting the owner of the original copy of the fine arts freely display the work without infringement. This part analyzes the legislation reason of this article and draws a conclusion that this is based on the theory of implied licenses rather the theory of ownership takes priority over the right of exhibition. According to the theory of implied licenses, if the author declares that the owner shall not exhibit the work before transformation, then the owner losses his legitimacy to display it. If the author signs his declaration obviously on the copy before transformation, whoever received it shall not display.The relationship between the right of exhibition and the right of publication varies in Copyright Law of different countries. There is no conflict between the exercise of the right of exhibition or the right of publication. The article 22 of The Amendment to Copyright Law of China(Draft) reads” the transferee can exhibit the original copy of the work of the fine arts and this does not constitute an infringement of the right of exhibition of the author.”, according which the owner of copies can freely display the work. This part analyzes the legislation reason of this article and draws a conclusion that this is based on the theory of implied licenses. According to the theory of implied licenses, if the author declares that the owner shall not exhibit the work before transformation, then the owner losses his legitimacy to display it. If the author signs his declaration obviously on the copy before transformation, whoever received it shall not display.In conclusion, Article 10 of the Copyright law of China shall be amended as “the right of exhibition, that is, the right to publicly display the original copy or reproductions of a work of the fine arts or of a photographic work, for the purpose of showing the content of the work or works”, and Article 18 of the Copyright law of China shall be amended as followers:“The transfer of ownership of the original copy of a work of the fine arts or other works does not include the transfer of the copyright in such work or works.The exhibiting of the original copy of a work of the fine arts or of a photographic work conducted by the owner of that copy does not constitute an infringement of the right of exhibition.If the author transformed original copy of an unpublished work of the fine arts or of a photographic work, the transferee can exhibit that copy; this does not constitute an infringement of the right of exhibition of the author.Notwithstanding the provisions of above two sections, the author of a work of the fine arts or of a photographic work can declare that the owner shall not exhibit the work before transformation then the owner losses his legitimacy to display it. If the author signs his declaration obviously on the copy before transformation, whoever received it shall not display.”...