Research On The Exercise Of Copyright Which Is Inheritance

Based on theanalysis about cases ofQibaishi andWuhufan, This paper elicits theissues something difficult on the implementation of copyright inherited. The difficult on the implementation of copyright inherited is lack of current law available. If we use the provision regulated by The Law of Succession’and The Property Law’, the result will depart the legislative purpose of The Copyright Law’, and the final results could not be accepted by public, the good legal effect also could not appear. But if we apply tothe relevant provisions of the’Copyright Law Implementation Regulations’, itwill inevitably lead to the conflictbetween lower lawand the advance law.At first.this partanalyses the nature of the communal relationship and responsibilities among the internal heirsby the theoryof several possession andcomeon possession from different perspectives.On this basis, Itanalysis the possibility whether a person has the right to be authorized and published without infringementby the theory of anticipated possibility, and then analyses whether there is something infringed without authorization from the three elements theory and the four elements theoryin the theory of tort liability. From above, we should analyze substantively but not analyze formalistically the implementation of copyright inherited.And then this paperfocuses on theArticle IX about special provisions about cooperation works of’Copyright Law Implementing Regulations’is incompatiblewith general law, but it conforms to the legislative purpose of ’Copyright Law’, and then deduceslegislative purpose of legislators is to protect the wide dissemination of knowledge at first. Through further analysis, the special provisions at cooperative work are based on the special attribute of quasi-real right, not based on the special nature of thecommunal relationship. Although the subject of rights is different between the implementation of copyright in cooperation worksand copyright inherited, but there is no different essentially, so it applies tothe relevant provisions of cooperation works to deal with the issues about the implementation of copyright inherited.At last, it applies tothe relevant provisions of cooperation works to deal with the issues about the implementation of copyright inherited. Due to the ’Copyright Law Implementing Regulations’Article IXis not regulated for solving the issues on the implementation of copyright inherited, so theapplicationprocesswould have different problems, such as whether the works and rights should be treated differently, negotiation issues, collusion problem, the distribution of profits after earning the implementation of the rights and how to define the concept of a series of problems.About these problems, the author gives his opinion and conclusion:the implementation of copyright inherited is applicable to theArticle IX about special provisionsin cooperation works of ’Copyright Law Implementing Regulations’:regulating the rights of each co-owners have the same rights to dispose the copyrightsinherited,but for the interests of resulting property upon the implementationof rights, it should be evenly distributed among the same succession of heirs. Aboutthe occurrence of multiple inherited, heirs shall inherit their inheritance share of the previous resulting limit after a succession of equal distribution of the decedent.