| Copyright licensing is a very important aspect of copyright law. For a long time, the perception of copyright law has remained at preliminary levels of right authorization and right protection, which significantly lacks dynamic observation of copyright in terms of circulation and deployment. Therefore the consumable functions and exchange value that copyright as intangible property possesses are greatly limited. For this reason, the author suggests that the principles and framework of current intellectual property law and contract law be fully employed to build up a copyright licensing system and in particular, to guide the analysis, discussion, and research studies. This will hopefully help to create a concrete and detailed contract law system, which is intimately related to copyright authorization and deployment, and to create a copyright licensing system that balances the interests of the owner and the public during the propagation of the copyrighted material.Upon thorough examination of " personality theory", "creativity incentive theory" and its derivative " interest balance theory", this article first proposes a "propagation incentive theory", and with the theory, demonstrates the fairness of a copyright licensing system. Then the article tries extensively to apply the principles of contract law and property law to the area of intellectual property, analyzing the development of copyright licensing system, and identifying its future trends. The solution at the contract law level to the so-called "parallel importation" of copyright problem is however an accidental discovery when the author was trying to exploit the internal logic between the copyright licensing and "parallel importation". |
