Research On The Protection Of Celebrity Manuscripts Under The Separation Of Copyright And Real Right

In recent years,China's cultural industry has developed rapidly.Celebrity manuscripts are favored by collectors and have become a new favorite in the collection industry.Celebrity manuscripts are frequently sold at " sky-high prices",at the same time,there are also occur frequently some infringement disputes among manuscript copyright owners,property owners and auction companies.In January 2014,the original copy of the famous Chinese writer Mao dun's work entitled " talking about recent short stories" was sold at a high price,triggering a dispute over infringement between Mr Mao dun's successor,the original manuscript holder and the classic auction company.The case has aroused heated discussions in the legal field,and at the same time reflects the inadequacy and lack of protection of celebrity manuscripts under the condition of separation of copyright and real right.Whether celebrity manuscript works can be recognized as calligraphic works in the copyright law,how to balance the interests of copyright owners and property owners of works,and how to regulate the auction behavior of auction companies become the key to solve the legal protection of celebrity manuscript.This article mainly analyzes the case of " Mao Dun Manuscript" copyright infringement,specifically studies the protection of celebrity manuscripts under the state of separation of copyright and real right,and thus puts forward some legal suggestions for the protection of celebrity manuscripts.The first part of the article reviews the basic facts of the case and the trial situations of the courts in the first and second instance,and abstracts the focus of disputes in the case.The second part is the legal analysis of the dispute focus of the case.The article adopts a step-by-step approach to analyze whether the appellee has infringed the appellant's copyright and which rights have been infringed based on the analysis of the identification of the owner of the original real right of the manuscript involved and the identification of the nature of the manuscript works.The third part is the legal thinking triggered by this case.The article reflects on the defects of legal protection of celebrity manuscripts under the condition of separation of copyright and realright through the analysis of the focus of controversy.Then it puts forward specific suggestions to perfect the legal protection of celebrity manuscripts under the condition of separation of copyright and real right from the perspectives of legislation and judicature respectively.