Research On Copyright Of Cooperative Works

Cooperative works which can be divided into co-authors that can be used separately and that cannot be.Laws on the two types of works are divided among legal norms,and the simplicity of description in these regulations may cause controversy in the judicial practice and theory.By referring to domestic scholars' viewpoints about cooperative work and common judicial practice and the investigation of the relevant cooperation work legislation abroad,this paper mainly discusses three aspects:the original cooperation principle of the main works copyright,the rights to the specifications and relief and security of the rights when they are infringed by the third party.This paper is expected to solve the new problems arising from the reality,give more powerful security on cooperation works copyright.Firstly,regarding the ownership of copyright in cooperative works,China's current legislation adopt the principle of legality and that is the copyright of cooperative works shall be enjoyed by the co-authors.However,Copyright is a kind of private rights,but to take the principle of legality will be against the principle of autonomy of private law.Therefore,co-authors should be allowed to agree on the ownership of copyright,but the personal right of a work is closely related to the author's identity,and the copyright agreement shall not be freely agreed,only the copyright of property agreement,as well as the copyright agreement shall not be enjoyed by a third party other than the authors.Secondly,we should improve the norms for the exercise of rights in the copyright of cooperative works,"consensus" in the exercise of rights should be changed to a more flexible "agreed exercise" in time.In terms of the unilateral exercise of the rights of the co-authors,the three-step method of "rationality" test in rational use should be used as the judgment criteria,excluding the transfer,pledge and other rights that may cause the co-authors to lose control of the work.Add the norms for the exercise of the copyright of the cooperative work as a whole which can be used separately,and refer to the rules for the exercise of the copyright of the indivisible cooperative work.Finally,we should perfect the rules of relief and compensation for the infringement of cooperative works.To facilitate timely stop the infringing act,should be allowed to each co-author,separate prosecution relief or by elected representative on behalf of the prosecution relief of copyright,together with cooperation work of the overall damage is limited to claim compensation,the court except in accordance with the existing laws determine the scope of compensation of the infringer,also want to take into consideration of the factors of work itself.The co-authors are allowed to distribute the compensation obtained by agreement.Those who explicitly waive the right of action are not allowed to participate in the distribution.