Advertising Language Of Copyright Protection

As a special form of advertising, with the promotion of marketing, branding, guiding consumption and other important functions, advertising language has played an increasingly important role in economic development. Along with the activity of collecting the advertising language, the ad words copyright disputing cases have increased rapidly. Because the relevant law is not clear and perfect, but up to now, there are many legal issues involved in the criminal theory and in the judicial practice, so that such cases appear very complex.In view of this, the thesis chose Liu Yi v. Nanning Cigarette Factory &Zhenlong Advertising Co. case as a typical case involved copyright disputes, the main point of controversy involved in such cases should be clear on the base of the analysis of this case study, analysis done to provide theoretical research and practical assistance.There are five parts and more than 20000 words in the thesis.The first part is about extracting the main point of contention from the case: whether the phrase advertising protected by copyright law; the legal nature of collecting acts of advertising language; the legal effect of collecting selected Slogans ownership of copyright agreement.There are three controversial points are discussed in the second, third and fourth part. The first problem has now basically reached a consensus that the advertising language is protected by copyright law. The thesis tries to prove this conclusion by further explainment. There are many different points of view involved the second question, of which mainly for the view that the invitation, rewarding advertisements and creating consignment. The thesis come to the conclusion of the study based on that every point of view are to be introduced and compared the limitations of them: the process of collecting the advertising language is an excellent reward creative advertising contracts commissioned by the formation of the contract; the applicant should be classified as works of commissioned works. The third problem tries to resolve whether the transfer of works of personal rights, for the reason that a transfer of ownership's rights related to the effectiveness. Two very different views are to be introduced and through a comparative analysis of different points of view, combined with the legislative status quo at home and abroad and China's Moral Right of the real difficulties faced by the transfer then come to the conclusion that right person can work a limited transfer of research findings. The comparative analysis method is mainly used in the whole part. The fifth part: From the view of law-making, the thesis puts forward several proposals to improve advertising language copyright protection and legislative ideas to the transfer of China's Moral Right.