| In recent years,original online literature has become an important source of material for film roaming and other adaptations.However,the rights and interests of copyright owners have been infringed due to the exclusive authorization format contract of web article platform.The content and name of the exclusive licensing contract often do not match,and the interests of both parties are unbalanced due to the inequality of the subject status.The abuse of the freedom of contract principle infringes the legitimate rights and interests of the copyright owner on the one hand,and breaks through the copyright law on the other hand.Due to the existing law on this issue to solve the lack of the relevant specification,law and article puts forward some Suggestions,however,or by administrative color thick and inconsistent with the nature of private law,or suspicious,in fairness,rationality,etc,are not comprehensive and objective to solve the article platform and the balance of interests between copyright owners.This paper argues that to solve this problem must be through the copyright law,it is by the purpose of the copyright law,copyright law and the protection of the network literature corresponds to the characteristics of the decision,at the same time,it is only by the copyright law mandatory rules limit format exclusive license contract of pure freedom of contract,to better protect the rights and interests of the copyright owner,for the development of original network literature to lay the solid legal foundation.The body includes the following parts:Part Ⅰ: Overview of Exclusive License Format Contract for Web Literature Platform.This part first clarifies the concept of "exclusive authorization",and then analyzes the different legal natures of this type of contract.The second part: Analysis on the Applicability of Exclusive Authorization Format Contract of Network Literature Platform.This part first points out the practical value of the exclusive licensing form contract,and then discusses the various problems under this type of form contract from three aspects: the inequality of legal relations,the infringement of author’s rights and interests by the abuse of the principle of freedom of contract and the breakthrough of the compulsory rules of copyright law.The third part: Regulating the mode selection of the exclusive authorization form contract of web article platform.This part first discusses the limitations of the existing legal norms in solving this problem,and then discusses the superiority of the mode of regulation of copyright law from three aspects: the purpose of copyright law,the compatibility of copyright law and network literature protection,and the necessity of adding compulsory rules of copyright law.The fourth part: the analysis of the existing ways to regulate the exclusive authorization form contract of web article platform.This part mainly analyzes the existing solutions to this problem in the academia and the industry.The fifth part: Suggestions on regulating the exclusive authorization form contract of web article platform.This part puts forward a reasonable and comprehensive solution,which is discussed from three aspects:legislation,judicature and increasing the obligation of web article platform. |
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