| The protection of copyright is ingenious intellectual achievements,the authors shall enjoy the right of interpretation of the works,according to the law can only enjoy competence authorized by the original author of deductive works copyright.So not approval to the original author and the deduction of the rights of the defective works,the copyright law is also protected?The present copyright law in our country have made no clear explanation,in practice,there have been a third person against unauthorized deductive works,and unauthorized legal position fuzzy deductive works,makes unauthorized competence where there is no way to protect their rights,both countries the legislative cases and judicial practice,suggests that the protection of the deduction of unauthorized works must be is the trend of The Times.This article embarks from the domestic two real cases,raises the domestic present for unauthorized deductive works to protect the legal position of vague problems,from the Angle of the legislative purpose of law economic research method of sociology argument for the deduction of unauthorized works to protect the possibility and necessity of and emphatically analyzes the current legislative cases of general practice,and our domestic various popular theories,finally put forward the suitable for China’s national conditions of protected mode and how to protect the unauthorized deductive.The first part is introduction the two cases,respectively is the original author v.unauthorized competence infringement cases,and unauthorized competence v.cases of infringement by a third party,can be seen from the existing test case in the judicial practice in China for unauthorized works interpretation of the basic views and attitudes.And proposes the deductive works through introducing the above case in the status of the cultural market to occupy more and more important,and deductive works unauthorized is becoming more and more popular,reality is when the rights of the original author is unauthorized deduce infringement,the author of the rights of way is more,but when an unauthorized deductive works by the third person infringement,due to the power of its existence flaw,the law of its no definite protection is put forward,and the road difficult to deduce the author’s rights.The development of the Internet,and the third person against unauthorized competence of case is not rare,so it is necessary to protect.The second part mainly introduces the basic categories of unauthorized deductive works,including its concept and its comparison with similar works,definite article discussed refers to the unauthorized deductive works without the permission of the author or authorization to perform,and deductive works into the public domain.The third part mainly analyzes the unauthorized deductive works is the object of copyright,has its originality and enjoys copyright,emphasized the deductive works without authorization may also infringement by a third person,not the necessary protection,does not conform to legal justice,demonstrates the unauthorized deductive works also has the possibility to be protected.The fourth part embarks from the legislation purpose of protection for the deduction of unauthorized works is for the purpose shall be protected by the law of the development and prosperity of cultural undertakings considerations,at the same time,using the method of economics and law sociology to explain the works have economic value and social value and demonstrates the necessity of protection for the class works.Part fifth and sixth part from the perspective of comparative law,introduced three kinds of protected mode as well as some ideas of domestic theory circle.And carries on the brief analysis.The seventh part is the analysis of our country current illegal work protection legislation and the judicial interpretation of the status quo,put forward that our country should draw lessons from the German copyright law to passive protection of unauthorized deductive works,and how to correctly apply the principle of passive protection puts forward some suggestions. |
