Research on the Perfection of Copyright Transfer Institution in China
|School||Central South University for Nationalities|
|Keywords||transfer of copyright Special works System of notification|
The transfer system of copyright is an important way for people to exercise theirrights, It plays an important role in promoting the work’s spread and flourishing thecultural market in real life. Due to the differences of political, economic, and culturalin every country, not all of the countries had adopted the system of copyright transfer.Even though some countries had adopted this system, the differences still exists intheir domestic legislation.There is no provision for the transfer system ofcopyright,but it exists widely in real life, so the legislation is out of touch with reality.The Transfer System of Copyright was added to the Copyright Law which wasimplied in2001in our countries, So far, China had set up the transfer system ofcopyright Formally. The second amendment about the copyright law was be made in2010, its Copyright system is more perfect.But this amendment has no significantchanges. Therefore, in the field of copyright transfer, the problem of futurecopyright’s transfer and unpublished copyright is not resolved.It will be introduced that the nature of the copyright in the second part of thearticle primarily. The nature of copyright is the logical starting point for the Transferof copyright, there are five kinds of theories on the nature of copyright, for example,theory of Property rights, Theory of moral rights, theory of incorporeal property right,the duality theory, The Unitary Theory.and then, we illustrate the Necessity andFeasibility from the commodity exchange and information dissemination, etc.it is describes the status quo of our country’s copyright transfer system in Thethird section, and then we will summarize the problem at this stage in theassignment of copyright, such as the lack of special copyright’ Transfer, and theSystem of notification of the Copyright’ Transfer, etc.In the fourth section, on the basis of overseas experience, we propose measuresto improve the Transfer System of Copyright, These measures include: Reconcilingthe conflict of property rights and moral rights conflict, perfecting the collective organization of copyright collective management,increasing the transfer of copyrightrules, making the functions of the organization of copyright collective managementmore Clearly and Building the system related the notification System of the CopyrightTransfer, etc.There are many imperfections in the design of the system, legislative design andthe judicial system. Therefore, for the problems related to the transfer of copyright,Author uses the method of combining theory and practice and Follow the structure ofquestioning-analyzing–solving to propose the appropriate measures to improve TheTransfer System of Copyright, and I hope it will be beneficial to promote ourcountry’s Transactions of property rights.