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Research On Copyright Transfer Rules

Posted on:2019-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:S HeFull Text:PDF
GTID:2346330545480181Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays,there have been a large number of copyright transactions in China.And many disputes have arisen,among which are the repeated transfer of copyright.To solve the ownership of copyright in the case of duplicate transfer,the core lies in the copyright transfer rules.In this regard,there are no clear provisions in the current laws,and it is basically found in practice that copyrights are transferred due to the contract of the parties.On the other hand,there are drawbacks such as the reduction of transaction efficiency and the increase of transaction costs that are not suitable for the doctrine of registration taking effect.transfer by contract and registration taking resistance effect is the most similar to current regulations and practices in copyright law,and it has the advantages such as making transactions convenient and keeping respect for party autonomy.In addition,the nature of copyright and the nature of works also determine the legitimacy of the registration of copyright transfer.And therefore the copyright transfer rules should adopt it.The "Copyright Law of the People's Republic of China(Revised Draft for Approval)" abandons the registration of the transfer contract and unifies it into the registration of copyright.The discussion on the transfer registration of copyright property rights should be included in the discussion of copyright registration.The current copyright registration rules still needs further improvement.The registration of copyright property rights transfer is an element of resistance effect,Copyright registration is difficult to ensure accuracy and should not be given credibility.In the case of a wrongly registered copyright,a well-intentioned infringer should not be liable for compensation for economic losses.
Keywords/Search Tags:Copyright, Transfer, Contract, Register, Resistance Effect
PDF Full Text Request
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