Research On The Authorization Contract Of Internet Literary Works

The online literature industry is a new type of industry that has emerged from the integration of the copyright industry with the Internet under the development of Internet technology.The promotion and publicity of literary works through online literary platforms and the rapid dissemination of the Internet can quickly increase the popularity of the works,and then the works will be adapted for IP and derivative works developed,creating huge economic benefits and industry status for the platform and authors.It is precisely in the face of the driving force of interest that more and more authors enter the field of online literature,and the online literature platform restricts creators from disseminating works and subsequent creations through authorization contracts.Before the creation of the work is completed,the formatted contract signed by both parties on the basis of voluntary equality and good faith will continue to bind the author after the creation of the agreed work,resulting in disputes between the parties due to the contract.The online literature industry presupposes that the author is a weak person and is in an unequal position when signing a contract with the platform.The platform uses its dominant position to sign a contract with the author,thereby determining that the contract signed by both parties is unfair.However,when the courts deal with disputes over contracts for the authorization of online works,they often determine the legality of the contract.The type and content of the contract lead to differences between the author group and the platform.The reason is the mode change that occurred during the integration of the copyright industry and the Internet industry,and the different understanding of the regulatory methods of digital economic activities.At the same time,the process of industrial transformation Chinese copyright contracts need to form an autonomous mechanism within the industry.Therefore,the author will explore the legal application of various business models in the online literature industry and whether they can deal with the current contract disputes.Then introduce new business models and regulatory paths to ease the tension between authors and platforms,so as to resolve contract disputes between the two parties and promote the healthy development of the online literature industry.This article will use four parts to demonstrate the issue of the authorization contract between the online literature platform and the author.In terms of content arrangement,this article first introduces the research significance and research direction,and sorts out the current discussions on related issues in the field of copyright,contract and economic law.The first chapter of this article discusses in detail the overview of the online work authorization contract,analyzes the main types and content of the online work authorization contract,and then sorts out the online work authorization contract dispute cases from an empirical point of view,the purpose of which is from the perspective of judicial judgment Examine the court’s attitude in resolving contract disputes between the platform and the writer,and provide ideas for subsequent analysis of the cause of the dispute,the method of resolution,and the application of law.The second chapter analyzes that the contract dispute between the online literature platform and the author is caused by a variety of reasons.It is not only the difference in operating methods and models between the traditional copyright industry and the Internet industry,but also the differences in value between the online literature platform and the authors.Moreover,under the Internet model of works,the platform’s demand for the expansion of copyright property rights and the limitations of the online literature market’s use of anti-monopoly regulations are also important factors leading to disputes between the two parties.The focus of Chapter 3 is to put forward the path to regulate the issue of the authorization contract of online literature.First,it criticizes the method proposed by the online literature industry to formulate a formatted contract to solve the issue of the authorization contract of online literature,and proposes many signing models in the online literature industry.The legal system should be applicable.Finally,the author proposes that joining the broker system is a feasible method to resolve the current disputes in the authorization contract of online literature.At the same time,he proposes to try to use the "E-Commerce Law" to abuse the comparative advantage position and the "Anti-Monopoly Law" and "Guide" The legal provisions on abuse of market dominance in "indirectly adjust the contractual relationship between the author and the platform,and achieve the balance of interests between the author and the platform.The article uses empirical research methods to collect and sort out the main content of the current online literature market in each platform and the author’s contract,sort out the types and main terms of the contract,and authorize the relevant online literature contracts between individuals and platforms,and between platforms and platforms.Collected and sorted out the case studies to investigate the determination of the legal validity of the online work authorization contract in practice.In this way,we can explore the reasons for the current status of licensing contracts for online works,and propose methods and countermeasures to regulate licensing contracts for online works,and achieve a balance of interests between authors and platforms.