Research On Fixation Of Works

The work is separated from the carrier,which make it as a bodiless substance,that determines the connection between the work and the carrier.The concession era and the early copyright protection system required that works protected by copyright must be fixed on tangible material carriers for the realization of their economic value,for which fixation was strictly observed.However,fixation had not always maintained its position in copyright law,and the doubt of fixation was emerged gradually.In terms of international conventions,the Berne Convention shown a neutral attitude that each country had right to decide whether to regard fixation as a formal requirement for the protection of works.This expression is not adopted in the legislation of copyright law in our country,and there is no systematic study on fixation.The “actual fixation” standard of US copyright law is the standard now applied in various countries.However,the “actual fixation” standard is so restrictive that some jurists believe it is no longer suitable for the development of copyright protection.Why the fixation to be questioned in the modern copyright protection system also have the fellow reasons.First,the author’s right system countries attach great importance to the spiritual attribute of works so they think the fixation is not a necessity of works.Second,the unfixed modern artistic expression appeared.Third,the fixation of audio-visual works is ambiguous.But the fixation in the copyright law has its own existence significance.Lacking fixation will let the unfixed artistic creation,the smell and the mental notes into the scope of copyright protection,which will break the boundary of copyright protection.Fixation should be reinterpreted to make it more suitable for the development of modern copyright protection system and communication technology.The following three aspects should be noted when reinterpreting fixation.First,the carrier of fixation can be tangible or intangible.Second,the time of fixation can be short,only to achieve the effect that the work can be perceived to copy and spread.Third,fixation should be interpreted as “can be fixed” in order to eliminate the contradiction between fixation and the protection of non-fixed works,such as oral works.Works that can be fixed is the one that can be objectified under existing technical conditions,and whose essence will not affected by the mutable elements and it’s final form can be foreseen in the process of creation.In combination with the revision of the copyright law in our country,under the protection mode of open types of works,more emphasis should be placed on the fixation because it can define the scope of copyright protection.Audio-visual works should also be required to be fixed on a certain medium to respond to the requirements of international conventions and to prevent the overlaying of broadcasting organization rights.