The Legitimacy Study Of Copyright Financing New Mode

At present,our country's cultural industries is bloomming.There has so much market prospect cultural creativity,but so less capital to commercialization of this has market prospect cultural creativity.The government encourages the development of cultural industry,and the first need to do is built a benign culture creativity Commercialization system to ensure that the idle capital can flow which have market prospect culture creativity but lack of money's individuals or companys. In our country, the most traditional way of enterprises access to capital is loans from the bank. Bank as the allocation of funds, the lending standards is that the amount of the applicant's assets, instead of the financing project market potential. The vast majority of small and medium-sized culture enterprises is the typical " light-asset " enterprises which don't have can be mortgaged real estate,their most core asset is derivative interests of copyright and copyright. However, commercial banks discriminate against the pledge for copyright,the main reason is that the copyright is difficult to clear ownership and difficult to assess value, difficult to value to cash and value easy to loss. Conservative commercial Banks do not want to bear so much risk, therefore, small and medium-sized enterprise financing ran into trouble.With the advent of the era of the Internet financial, the combination of the Internet financial and copyright financing is coming. In the first half of 2015, "Yi Bao Dai" and Guangdong HaiKe asset management company announced it would launch the country's first intellectual property mortgage financing products "Zhan Ye Bao", this is the first P2P platform launch of intellectual property mortgage lending business. Roll Call Time, Tmeng,such as crowdfunding website provides new financing channels for copyright project. The new copyright financing modes through the Internet platform contact the issuers and investors,away from the commercial Banks to control the allocation of funds. However,the combination of the Internet financial and copyright financing might infringe on our country's financial supervision order. The government's attitude toward the Internet financial:on the one hand, advocate and encourage this kind of financial innovation; On the other hand, charges some Internet financial enterprises illegal fund-raising. Therefore, the legitimacy of copyright financing new mode in the existing legal system of our country is not clear.The writer has summarized that the character of the Internet financial information intermediary platform will not be accused of illegal fund-raising and normative equity crowdfunding will not be charged with illegal issuing of securities through analysis of the encouraging policy of the government, the judicial interpretation of the highest judicial institutions and the referee precedent. Therefore, the author thinks that the government attitude to Internet financial markets is standard instead of banning or banned,The new mode copyright financing is feasible in the current law system. In order to avoid the risk of illegality, The subject of copyright financing new model can implement some self-discipline measure that can make a standard of copyright financing market which under the Internet financing environment at the present government has not issued clear regulation.