Legal Risk Of Creditors In The Financing Of Copyright Pledge And Its Prevention

Copyright pledge financing is one of the effective ways to solve the financing difficulties,especially the financing difficulties of enterprises.However,China's copyright pledge financing started late and lacks experience.Under the current model,there are many legal risks of copyright pledge financing.As a result,the parties to the legal relationship of pledge,especially the creditors(mostly banks),have more concerns about the financing of copyright pledge.In order to solve the problem of financing,improve the legal risk prevention system of copyright pledge financing in China,especially to reduce the legal risk faced by creditors in the financing of copyright pledge,this paper intends to clarify the legal risk and its causes in the financing of copyright pledge based on empirical research and analysis.Explore the legal risk prevention strategy of copyright pledge financing.Based on market research,the paper examines the existing financing mode of copyright pledge,and finds that the financing of copyright pledge in China mainly depends on the government credit,and adopts the method of risk sharing mechanism to solve the risk.On the one hand,this method does not play an incentive role for copyright pledge financing.On the other hand,when the government changes the unconventional intervention method,creditors will refuse to provide copyright pledge loans because of excessive legal risks.Therefore,in order to stimulate copyright pledge financing,In order to build a well-functioning market for the financing of copyright pledge and increase the willingness of creditors to conclude loan agreements for copyright pledge,the article tries to suggest that we should change our thinking to pre-empt risk prevention measures and protect against risk at the source.Thus promotes the balance of supply and demand of copyright pledge market,benign development.In order to demonstrate the feasibility of the risk prefix measures,the article reveals that the legal risks faced by creditors in the practice of copyright pledge financing mainly include the risk of the effectiveness of the pledge,the risk of contract breach,and the risk of the realization of the pledge,and its causes and copyright special legal attributes.In particular,in copyright,personal rights and property rights are divided into two parts and copyright protection is limited.At the same time,through the normative analysis of the existing legislative system,It is further demonstrated that the conflicts of rights exercise of copyright personal rights and copyright property rights,the conflicts of copyright "voluntary registration" rules,and the conflicts of procedural rules of copyright pledge registration are the specific reasons that induce legal risks in the financing of copyright pledge.After clarifying the causes of legal risk and its root causes,in order to optimize the system design,the article seeks experience and inspiration through the analysis of foreign related systems.On this basis,it explores and proves the optimal strategy of the creditor's legal risk prevention in China's copyright pledge financing.It is clear that legislation should resolve conflicts over the exercise of dualistic rights,restructure the rules on copyright registration,establish a registration procedure for objections to the pledge of copyright,and increase the guarantee of floating intellectual property rights.At the same time,the government should change its role and strengthen supervision,and creditors should uphold the rules on prudent operation.Normalize the approval process,improve the post-loan tracking mechanism,pay attention to market signals in a timely manner,and achieve information symmetry.Through the construction of the above risk prevention measures,the market driving force is injected into the copyright pledge transaction,the willingness of creditors to conclude the copyright pledge loan is enhanced,and the sustainable development of the copyright pledge is realized.