The Research About Application Of Law In Copyright:From The Perspective Of Conflict Rules

Since the twenty first century,the whole world has been in an extremely fast pace of economy developing.And the process of globalization keeps accelerating intensely.Human society has transformed from a traditional industry-based type to an intelligent technology-based type.We have already stepped our feet into the era of knowledge economy.International communication about culture and information has become more and more frequently.As a kind of form to be related with intellectual property,tons of works,like literary works,artistic works,scientific works.They get across the frontier and spread all over the world.It is owing to utilization of different medium.So people living in the earth can share these works no matter where they are.They make us gain some experience of knowledge and entertainment.And of course,works also satisfy our demand of spiritual culture.However,from the prospective of law,it reveals another thing.The thing is that lots of transnational copyright legal relations have been put on the table.And because of that,the amount of copyright legal matter increase day by day obviously.It has been an urgent problem which can not be ignored anymore.We must figure out how to deal with it efficiently.In fact,reference to international protection of copyright.A lot of international treaties have been signed so far,such as Berne Convention for the Protection of Literary and Artistic Works,Universal Copyright Convention,Agreement on Trade-Related Aspects of Intellectual Property Rights and so on.These conventions build a super national structure of fundamental legal system to give copyright some basic protection.But on the one hand,the legal effect of international convention is actually limited.It only can have an influence on contracting parties.If a nation didn’t sign the convention,that convention would not be effective to it.On the other hand,even though contracting parties have signed the convention,the degree of application may be different.Some parties may adopt all the articles.And some parties may have reservation about certain articles.These situations really could happen.Therefore,domestic law of every nation is still the most important legal file to solve the legal problem about copyright.They play the major role in judicature system.Different nations have diverse type of legal culture.Specific laws and regulations are also not in common.When facing one certain copyright legal relation,they might have totally different judgements.So it is the origin that generates conflict of laws.And as a further result,here comes the matter about application of laws.For solving problems,we need the help of conflict laws,in other words,conflict rules.If we want to know laws of which nation could be applicable to certain copyright legal relation,we just can not start the process without these rules.The purport of this dissertation is making a discussion with respect to international conflict of laws about copyright.From the perspective of conflict rules,trying to do some specific research about application of law in copyright.The main methods would be used are historical research method and comparative research method.I’m going to explain the foreign-related matter first.Then start from the origin of copyright.Trying to reveal the fact that why copyright could generate conflict of laws and the appearance of those conflicts.Then,basing on conflict rules,I would classify different type of foreign-related dispute in copyright and try to summarize some traditional principles about application of law.Centering on these principles,I would specifically discuss the plus and minus factors.And I’m going to focus on the era of Internet nowadays,trying to figure out some certain new situations happened in application of law about copyright.And with analysis of relevant cases,I would make a specific discussion on how to deal with those situations.At last,back to our nation.Aiming at our laws and regulations,as well as justice system,.I’m going to try to give some opinion and advice on my own for solving relevant problems.And summarize this dissertation.