Copyright Protection Of The Illegal Interpretation Writeen Works On The Internet Age

With the convenience of dissemination of information network technology, unauthorized interpretations of literary works which spreaded in a small area before are get into the public circulation. Due to publish more easier, the copyright issue of the illegal interpretation written works has become clear,and that need to solve the problem in law. However, Chinese Copyright Law for derivative works on the ownership and the exercise of copyright is a general rule which is too simple to resolve all the confusion and bring any good effects. This article tries to put forward some feasible suggestions from the practical needs and legal basis of the Intellectual property rights protection to solve the problem of derivative works.This article consists of four chapters.The first part of the article is review,which first proposed the practical needs of discuss the copyright of the unauthorized derivative works.And explain the impact of the network for traditional copyright protection.Second, make sure the scope of literary works discussed in this article.Only the works which is original without the authorization and in the copyright protection period is the object of discussion in this article.The second chapter discusses the needs of protection of the unauthorized literary works, including two levels. First, from the angle of the people of the written works involved,the original copyright owner,the author of derivative works and the public;Second,based on the principles of the legal:the purpose of protection of intellectual property rights, the principle of balance of interests as well as labor and personality theory. Although the unauthorized derivative works violated the copyright holder’s,considered from the perspective of the practical needs and legislative principles of copyright law,it should be protecting by the copyright law.The third part is about the system which reference with unauthorized derivative works. In view of our laws and national laws of its provisions is not perfect, and the limited system of copyright are not help to balance each parties’ interests.I propose learn from Accession System of civil law, make sure the copyright ownership of unauthorized derivative works and maintain the purpose of copyright protection to encourage innovation.The fourth part is the proposals about the copyright protection of unauthorized derivative works. Obtain the copyright automatically, insist the copyright is private and pay the royalty income to the original author reasonable are not only helpful to protecting the copyright to derivative works,but also safeguard the interests of the original copyright owner. Apparently,the protection of unauthorized derivative works is not unlimited. The works which violated the public orders and good morals as well as other rights of the copyright holders’, such as the right of the image are not suggested to protect the copyright.