On Constructing The Registration Institution Of Copyright Transfer In China

This article focuses on the disputes about copyright transfer that happened frequently in recent years, elaborating hereafter in the view of constructing the institution: how can we put an end to the phenomenon of'transfer one copyright to several subjects'that happened frequently, how can we protect the legitimate interests of the assignee effectively in copyright transfer, and how can we protect the transaction security of the market economy. The article explores in the logical sequence as follows: proposing the problem, analyzing the problem, solving the problem, and finally making the conclusion. The body of the article consists of four chapters, expounding the legal institution construction of copyright transfer in the sequence as follows:Chapter One introduces the situations and the existent problems of the registration institution of copyright transfer. Regulations on the registration institution of copyright transfer exist in different rules and regulations because of no registration institution in "Copyright Law". The drafting subjects of these rules and regulations are different and specific provisions on the registration of copyright transfer are also inconsistent, leading to the present situations: there is no general provision regulating the registration of copyright transfer, the validity of the registration of copyright transfer is not regulated clearly and consistently, and the registration of copyright transfer is not concordant.Chapter Two discuses that the institution plays an important role in defending transaction security and reducing transaction cost from the perspective of the value of the registration institution of copyright transfer. On the basis of that it analyzes the necessity of establishing the registration institution of copyright transfer in our country in details.Chapter Three discuses the theoretical foundation of the institution basing on the principle of public credibility in the Property Law and institution foundation of the institution basing on related legislative practices in other countries as well as our country from the perspective of the foundation of the institution basing on. On the premises of that it analyzes the feasibility of establishing the registration institution of copyright transfer in our country in details.Chapter Four, on the basis of the facts of our country and the legislative practices and experiences of other countries, it discuses how to establish the registration institution of the copyright transfer specifically in our country in details from these aspects: the publicity manner of copyright transfer, whether the registration should be voluntary, the review manner of the registration, the validity of the registration, the authority to register, whether registration fees should be charged, the standard of registration fees, informationization of the registration, and so on.Finally, it concludes that it is necessary and feasible to establish the registration institution of the copyright transfer and it makes some suggestions about how to establish the institution specifically.