On Systematization Of Property Rights In Works

Property right of an author is the core interest of the copyright owner, and it is the source of the control of the copyright owner.However, the current Copyright Law on the economic rights provisions seems disordered, and the development of science and technology has caused the use of a variety of new forms of works, and the original system problems of the economic rights are still unresolved, but new challenges appear. In recent years, the third revision of Copyright Law is in progress,the systematization of the economic rights is one of the core issues of amending the law. This thesis attempts to rediscover economic rights from propagation angle, ideas and proposals are put forward for the systematization of the economic rights, to devote a modest contribution. Except the preamble, this thesis is mainly consist of four parts.The first part discusses the realistic foundation of economic right's systematization. Because of the copyrights' history and interference of a right generated by "path dependence", economic rights generate the following issues: technical intervention; overlaps exist between the rights; some rights are superfluous; a lack of reasonable indication when a right is generated. To effectively solve this problem,it is necessary to do some research on systematization of the economic rights. When systematization of economic rights is implemented, it is beneficial to get rid of the intervention of the technical features; to form a clear distinction between the rights, to protect the interests of copyright owners;to establish law's operability and foresight, convenient to understand and apply in. There were three drafts of "Copyright Law" amendments, which is inspired to implement systematization of economic rights.The second part discusses the logical starting point of economic rights' systematization. It is very important. Different logical starting point leads to differences in legal systems. Systematization of economic rights generally have three paths to choose, the first one, ways of operation are core; second, ways of communication are core; thirdly, ways of access are core. The first path means focusing on the influence of historical factors, the existing ways of operating works are premise. Economic rights' changes due to the changes of works' use types, which is not conducive to the formation of the systematization, the law will wreck the stability and prospective. to solve this problem, we believe that communication is the most important. Because communication is essential to realize the value of works, from both an economic aspect or operational aspect, the right of communication will set the copyright owner located in the top position to control the use of the works and to get work benefits. In addition, the view that access compared with the dissemination and replication is more beneficial. But the waste of social costs caused by access right?unreasonable pay of works?alleged violations of space of the rational use are still existing.Therefore, this thesis argues that the right of communication is the core in the systematization of economic rights.The third part discusses the acts of United States, Germany and Japan. United States, Germany, Japan are developed countries on the intellectual property, their intellectual property legal system is also more developed, so their legal experience is worthy to reference. US "copyright law" analyzes the works' characteristic,and all types of works' rights will be classified as one type, the rights applied to a particular type of works classified as another type. Such classification pays attention to the type of work, and it will be reasonable to set the right's contents, avoiding the confusion of the economic rights mechanisms. Germany "Copyright Law" classify the rights to intangible and tangible use, and then complemented deductive right as a collection to protect copyright owner.This experience of legislation is that the legal system should be inclusive, not only to regulate the existing using forms of works, but also the future using forms of the work, Only in this way, the interests of the copyright owner will be protected fully and comprehensively. Japan's "Copyright Law" does not classify the rights of property items, but the specific items are more reasonable and perfect docking between the rights, to avoid the phenomenon of "vacuum" and " overlapped ", which is reference to improve the legal system of our country.The fourth part discusses the future vision of the economic rights' systematization. Because communication is the core of the economic rights, it should be the right of communication as the main means of regulating infringement, thereby, the right of reproduction should be weakened.Although the loss of the interests of the copyright owner is due to the transmission of the works which is available to the public,the right of reproduction still need to be existed.Reproduction is an integral part of the work dissemination under the traditional environment, copy right has a positive significance on predicting tort and calculating the loss and so on. In addition, the use of works which is beyond reasonable degree is also need the regulation from the right of reproduction.The right of communication should be distinguished according to whether users need the work carrier. All distribution of works are included in the control of the right of communication, formed a perfect closed environment, and strengthened the protection of the copyright owner.Besides, this thesis suggests that we should remove deductive right, because the deductive works does not damage the right of original works, and the real harm is the spreading of deductive works,at this time, original works and deductive works are in the state of competition from the market, deductive works will replace the original works, so ban is essential.Derivative works itself shouldn't be blamed, deducing works is actually copying the original works' expression, when spreading derivative works is actually spreading a original works' expression, it is similar to spread the original works. At this time, the right of communication is necessary.