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On The Copyright Transfer Registration System

Posted on:2014-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z HuaFull Text:PDF
GTID:2266330425456135Subject:Law
Abstract/Summary:PDF Full Text Request
At present, in the real deal, guarantee transaction security problem in the process of transfer of copyright has been gradually concerned by people and attention. China’s copyright law was passed in1990, has carried on the correction for the first time in2001, increased by the provisions of the copyright transfer, allows the transfer of copyright. The copyright owner But allows the transfer of copyright in the copyright law, at the same time, but I did not set up corresponding security system, and then, the phenomenon of the "more than a right to sell", the violation to the legitimate rights and interests of the copyright owner."More than a right to sell" phenomenon is happened frequently in our country, because the copyright itself without the characteristics of the material, but its root cause is our country has not established a perfect system of copyright transfer registration. So in order to ensure transaction security, protect the lawful rights and interests of the holder of the trade, the establishment of copyright transfer registration system is very important.Adopts comparative analysis method, worth analysis method and so on research methods, through to the domestic and foreign academic circles on the condition of transfer of copyright registration legislation comparative analysis, the study of the value orientation of copyright transfer registration, aims to draw lessons from foreign research results to improve the transfer of the registration of copyright legislation in our country, and gradually establish a transfer of copyright registration system in our country. Concrete from the transfer of copyright registration organs, responsibility and legal effect, the following system established on the basis of our system, set up the unity of the copyright transfer registration organs, the clear transfer of copyright registration review responsibilities, as well as the choice conforms to the situation of our country’s copyright transfer of registration of the legal effect, for copyright transfer registration system established in our country is of great theoretical and practical significance.In China there is no copyright to transfer registration system. Copyright transfer in our country, only some rough registration laws and regulations, but objectively speaking, the provisions on transfer of copyright is also many, but the law regulations are not perfect as a whole, the issues for now can’t provide very reliable legal basis to protect the lawful rights and interests of the copyright owner, but China does not lack of legislative theory, in order to maintain the copyright transaction security, reduce transaction costs, we can consult foreign copyright transfer registration legislation, according to our country’s legislative environment, can find out for transfer of copyright registration system to lay the theoretical basis of legal knowledge, again according to the current our country copyright registration of transfer, find out the deficiencies, in the transfer of copyright registration in China of incomplete laws and regulations as well as issues such as copyright registration of transfer force of law in China, put forward the corresponding improvement methods, for our country to establish render provide copyright transfer registration system, to establish the transfer of copyright registration system with Chinese characteristics.
Keywords/Search Tags:Copyright transfer, Registration system, Registration antagonism
PDF Full Text Request
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