The Study Of Copyright Licensing Terms

In recent years,with the rapid development of the market economy,the importance of intellectual property for the market players is increasingly recognized.On the one hand,obligee's awareness of the protection of human rights is growing,on the other hand,they are constantly trying to use various ways to maximize their benefits.In contrast,about the developing situation of China's film industry.In 2015,China's film box office exceeded 400 million mark.However,behind the rapid development of the film industry is the high rates of legal disputes.December 16 the same year,with the final verdict was given,"Qiong Yao vs.Yu Zheng " ends up for the plaintiff.And this case has put these legal disputes concerned major film and television industry in front of the public accentuates.The rapid development of network technology provides a richer channels for the playing and spread of video works,and makes film and television rights holder a more diversified way to achieve their rights.The rapid development of film and television industry and the high incidence trend of legal dispute has become a major trend in China's film industry at this stage.Therefore,in order to promote the healthy development of the film industry,it is imperative to systemize the cause of legal disputes,to provide the innovation of proposed system,and provide a reference for the relevant market players to effectively avoid legal risks.Due to the special nature of the film industry itself,the rights of people to achieve their main economic rights of way through the transfer of copyright license to use instead,so this article will focus on the film industry copyright case study licensing contract of legal disputes,and to analyze the case as a starting point,summarized legal risks,then put forward feasible suggestions related to the innovative system of constructing a little humble.Specifically,this paper analyzes the causes of the generation of copyright licensing system,and briefly describes the profound impact of the system for our film industry brought about,then proposed the present stage the film industry copyright permission to use the field to produce a lot of legal disputes,and proposed methods of application case studies to sort out the root causes of the occurrence of many legal disputes-the legal risks associated with the point.In the second part of this article,the author of the licensing contract by legal disputes related cases occurred in recent years,the film industry was summarizing,from the point of occurrence of disputes risk analysis,and with related classic case isdescribed,formed a scientific case analysis report.The third part of this paper,based on the second part of the risk points sorted out,the status quo of the development of film and television industry,try to put forward a series of dispute prevention and settlement mechanism.In the basis of the legality of authority,for example,practice Licensee most entirely reasonable duty of care,and more dependent on relief afterwards,leading to an endless stream of related legal disputes.In fact,the State Administration of Radio,film and television works for other departments,"issued license" has a special publicity,the licensee upon receipt of Licensee's rights documents,the government can start with publicity system verification,in order to do first step risk prevention measures;Likewise,it suggested that the relevant departments to improve management information publicity system,the extent permitted by law the relevant information to be publicized for public inquiries to verify.In the film industry,the individual author is relatively weak.In order to open the market visibility,often against them permission to sign the copyright contract,and how to protect the legitimate rights of these people,it has become the touchstone film industry healthy development.Brokers can occur through the integration of the existing scale,so that it takes a stronger position in contract negotiations,which can reach a more equitable terms of the contract.On the other hand,since the intellectual property brokerage firm's professionalism,which is equipped with more specialized professional team,we can rely on their expertise to reduce the rights of man's own level of expertise of limited legal disputes and adverse consequences occur.Since the film industry copyright licensing agreement the two sides still belongs to the main market,so I still advocate more autonomy given to the parties,a series of measures proposed recommendations are built on this basis,in order to safeguard the rights At the same time the legitimate interests ensure the vitality of the market economy,and promote the healthy development of the film industry copyright licensing system.