Legal Analysis Of Mao Dun's Dispute Case

The Mao Dun Manuscript Dispute occurred in the third revision process of Copyright Law of the People's Republic of China.The National Copyright Administration has formed and submitted the draft of the Copyright Law of the People's Republic of China,and revised the disputed “article 18” in it.The subject of this case is the manuscript of Talking about the Short Story written by Mr.Mao Dun(It will be called Mao Dun's manuscript for short).The owner's affiliation and copyright infringement which is related to the copyright owner and the manuscript has appealed to the court,and the court has already adjudicated according to law.This case involves multiple legal relationships.In addition to the legal relationship of copyright infringement and the legal relationship of property rights,it still involves auction legal relations and multiple interests.The conflict of rights between copyright and ownership under art works are the first and the second disputes in this thesis.And then,this thesis proposes a solution path based on the rights restriction theory and the implied permission theory.This paper has found out who is the owner of the manuscript and has clarified the conflict of rights between copyright and ownership through analyzing the case of Mao Dun's manuscript.After losing the control and the possession to the original ownership of the artwork,the copy right owner triggers the conflict of rights.Mao Dun's manuscript actually owns by non-copyrights through analyzing relevance between the range within copyright and the ownership rights and the process of the transferring originals(property rights).The current situation also leads to the premise of infringement between the owner and the entrusted auction company.The second dispute is whether or not the Mao Dun manuscript is defined as the art work at the same time.Compared with the dispute over the manuscript of Qian Zhongshu which was ruled that the judicial manuscript was protected by the copyright law,it is more cleared stated that the manuscript has both the dual attributes of the art work and the text work,and in fact,the type of the manuscript isconfirmed.Whether or not it constitutes the exclusive behavior controlled by the exhibition right if the person who can refer to the manuscript and also protect it entrusts auction company to perform the auction,the propaganda,the pre-show,and the exhibition behavior is the third dispute of this paper.The original owner of the art work does not constitute an infringement after analyzing the nature of the exhibition right,the infringement of the exhibition right and the effective defense.It is also the basic idea to the draft of the Copyright Law which referring to the theory of the rights restriction and the implied permission.In this case,the owner of Mao Dun's manuscript did not implement the infringement of the exhibition right,and the auction company entrusted by the owner did not have the infringement defense,so the second trial was partially revised under the thought of the first instance...