The Research On The Pledge Of The Copyright

Being one kind of special collateral right, the pledge of the copyright has the common characters of pledge, and is the invisible object, no transferable object and with some special characters of intellectual property. Therefore, establishing a pledge, we can get such advantages like resourceful, convenient, and powerful. Though the trade and patent is different from the copyright, there are no concrete regulations about this rule in the pledge of the copyright. With the economic growth, the development of Copyright is booming. We should explore more deeply in this area so that we can make the best use of its potential value.This thesis including three chapters as following:The Part One mainly concerns the object of the pledge of copyright. It mainly includes the moral right and the economic right.To analyze the basic theory of the copyright is to criticizing the current the pledge object of the copyright .The traditional copyright theory holds that the copyright is composed of the economical right and the moral right, and the former belongs to the property which would be transferred, while the latter is in the field of the inner right of human being which would not be deserted or transferred. By comparing the moral right of the copyright with the common moral right, the author persists that they are totally different, in fact, the moral right, like the economic right, belongs to the property which would be transferred and establish the pledge.The Part Two explores the settlement of the pledge of copyright. Firstly, the author argues the context and formation of the pledge contract of the copyright .According to the nature of the contract, the author puts forward some legal suggestions. Secondly, the thesis analyses the requirement of the settlement of the pledge of copyright. There are different views towards whether the registry should be the effective factor or the adversary factor, which are called the theory of adversary and the theory of registry. The author holds that we should sing high praise for the theory of registry since it can guarantee the transferable security though it is too complex to some extent. Finally, the thesis articulates the regulation of the special mortgage of copyright, such as the maximum amount limitations of the pledge and the...