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Research On Copyright Transfer Registration

Posted on:2020-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ChenFull Text:PDF
GTID:2416330596481614Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
In modern society,the number and speed of copyright transfer transactions continue to increase,and the hidden dangers of transaction security are highlighted.The copyright transfer registration system is an important way to protect transaction security.However,while the copyright law of China allows the transfer of property rights,it does not establish a corresponding supporting system to protect the security of transactions.The non-material nature of the object of copyright itself makes it more likely to be duplicated in copyright circulation transactions and it is difficult to confirm the real The phenomenon of ownership rights.The theoretical basis of copyright transfer registration is mainly the registration of rights representation,the principle of honesty and credit,and the principle of publicity of public rights.The mode effect of copyright transfer registration mainly includes two types: registration effectiveness and registration confrontation.China has established two modes of registration confrontation and registration effective in the Property Law,which can be used for reference in the copyright transfer registration system.At this stage,it is more appropriate for China to adopt confrontationalism in the registration of copyright assignments.The reasons are as follows: Firstly,in the change of property rights adopting the principle of registrational entry into force,the legislative form of the change of property rights mainly adopts the separation of the burden behavior and the change of property rights.Only in this way can the effect of property rights change be blocked.However,it is not suitable for the characteristics of works in copyright,and it is difficult to implement the effects of copying.Second,the registration of confrontation gives the parties the freedom to decide whether to register or not,and more respects the autonomy of market transactions.Finally,China's copyright transfer registration system has not been formally established,and the registration of copyright transfer has adopted the principle of voluntariness.Adopting registration confrontation means less legislative cost,and respects the legislative status of copyright transfer registration in China,and is more easily accepted by the public.At this stage,China adopts voluntaryism in the registration of copyright assignments.No matter whether the works are registered or not,the copyrights obtained by the authors or other copyright owners according to law will not be affected.However,the specific provisions on the registration of copyright transfer have lagged behind.Only in 1994,the “Trial Procedures for Voluntary Registration of Works” was enacted,and it has been unable to meet the needs of relevant subjects.In practice,the implementation of copyright transfer registration is not good.The specific problems are: the mode of transfer registration validity is not clear,which brings certain interference and disagreement to the judgment of judicial practice judges;the existing regulations are more confusing for the management of copyright transfer registration.The entire process of copyright transfer registration is also relatively simple and rude;the construction of the transfer registration inquiry system is lagging behind,and some areas are not publicly displayed.When the public queries relevant information,the description of the work or the description of the main content cannot be found;there is no relevant clause that encourages the voluntary registration of the parties and Method.In this regard,China should first clearly stipulate in the "Copyright Law" that the registration of copyright transfer adopts the registration confrontation mode,that is,the contents of the revised draft can be used to determine one of the following laws and regulations of the Copyright Law.Clear guidelines to facilitate the latter's more detailed construction within the framework.Secondly,improve the relevant provisions on the registration of copyright transfer in laws and regulations,and supplement the relevant provisions on the construction of formal examination,examination authorities,examination procedures and auxiliary measures.Third,strengthen the construction of the copyright transfer registration public notice and inquiry system,and the online and offline public notices shall be carried out simultaneously.In the inquiry of the copyright transfer registration information,the description or presentation of the introduction or main content of the copyright transfer registration work shall be included,thereby making the registration The only connection between the information and the work does not occur because the registrant has given the work a different name,so that the same work is repeatedly registered.Finally,strengthen the encouragement and guidance of the voluntary registration of the parties,implement registration coercion in the legal field,strengthen the registration of registration agencies,and implement online registration services,so that applicants are aware of the legal significance of copyright transfer registration and are willing to use it actively.The service.Improve the concept of copyright owners through media campaigns and policy guidance.
Keywords/Search Tags:registration of copyright transfer, registration effective, registration confrontation, registration process
PDF Full Text Request
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