Research On Copyright Law Protection Of Infringing Deductive Works

Infringing deductive works are a special form of deductive works.So far there is no unified understanding of copyright protection in the academic circles and there is no clear regulation in the legislation of our country.This makes it difficult to resolve disputes caused by infringing works.In view of this,further research on copyright protection of infringing deductive works is of theoretical and practical significance.In addition to the introduction and conclusion,this paper mainly consists of four parts.The first part is the academic debate on the protection of copyright law of infringing works.There are three main representative views on the protection of copyright law of infringing deductive works in academic circles,which are positive theory,negative theory and compromise theory of infringing deductive works,which are divided into three main views: "positive","negative" and "compromise".Each theory has its support reasons and theoretical background,but also represents different interests.Combined with three different attitudes,this paper holds that the copyright protection of infringing deductive works in China is legitimate,but it is necessary to limit the protection of infringing deductive works.The second part is the analysis of judicial practice of copyright dispute in infringing works in our country.When the court of our country deals with the copyright dispute of infringing deductive works,it is mainly carried out from three aspects: the cognizance of infringing deductive works,the judgment of copyright and the handling of infringing deductive works.Aiming at the different ways of dealing with the infringing deductive works in our country,this paper sums up the problems of the court in dealing with this kind of cases.The third part examines the copyright protection system of typical countries and regions.Through the rules and regulations on copyright law protection of infringing works in different countries and regons,like the United Kingdom,the United States,Switzerland,Canada,India and Germany,France,Italy,Switzerland,Japan,China,Taiwan,the author will Analyze the reasons of them.By analyzing the regulations of infringing deductive works in the above-mentioned countries and regions,we can use them to perfect the protection of copyright law of infringing deductive works in our country.The fourth part is suggestions to consummate infringing deductive work copyright law in our country.In order to protect the copyright law of infringing deductive works and reduce the civil disputes of copyright,this article thinks that at least two aspects must be considered.First,amend relevant provisions of the copyright Law of our country: 1)the 12 th articles of China's copyright law need to be revised to perfect the regulations of deductive works in China;2)the 22 nd article of China's copyright Law also need to be amended to improve rational use system in our country.Second,improve relevant provisions of the regulations on Collective Management of copyright in China,clarify the management right of collective management organizations of copyright over works,and entrust administrative organization unilaterally revokes the legal right to rescind the license to use the contract.