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Preliminary Investigation on Rights of the Art Reproduction

Author: ZhuZuoZuo
Tutor: JinKeKe
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Artwork Derivatives Copyright Copyright Reproduction rights
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 56
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With the gradual establishment and formation of the art consumer market in recent years, the surge in the number of the art trade, the amount is also growing art investment has become the focus of attention in recent years, we can say, the artwork is becoming a people holds many lessons in addition to real estate, stocks The third-largest investment outside pole. At the same time, and works of art related to the judicial cases gradually increased, and the absence of relevant laws and regulations or ambiguous phenomenon has become increasingly evident, causing judicial practice often encountered no laws, no way of reference to the embarrassing situation, but more and more legal practice to practitioners and judicial practice has brought a greater implementation difficulties. We call as soon as possible to improve the laws and regulations of the arts, as a separate department of the Legislature without delay. As art value preservation function embodies, works of art, in addition to its appreciation value, its property attributes are for people Yiwang deeper level of exploration works of art the value of property rights (ownership) of the carrier and non-carrier The distinction between the non-material rights (copyright). We recognize the rights of the artwork itself, as well as the intangible rights, the invisible can be used as a commodity exchange trading market is the copyright of this article to discuss copyright, due to copyright and copy the right to a stake, and the earliest generation of copyright that is derived from the needs of the protection of the right of reproduction, so this to discuss the economic rights of reproduction rights, and fine art reproduction market practice of judicial protection encountered some legal issues to discuss to start a discussion. In this paper, the general principles of jurisprudence and civil jurisprudence, the introduction introduce some basic knowledge of the reproduction rights protection; followed by the first part of a short list of the legal system of the history of the development and protection of copy rights protection at home and abroad; second part of the copy the right subject, object, content elements dismantling profiling, and enumerates the right of reproduction rights transfer restrictions on the use and protection of the way, on points of law, liability; the distinct judicial Case as the third part of the application, respectively, painting, sculpture, , architectural, photographic images art reproduction market made a presentation, cited a number of issues and phenomena were painting, photography reproduction rights protection. Paintings, such as: protection time limit of the right of reproduction, copy license for the collection of cultural relics, works modified the reproduction rights, copy rights and authorship of the conflict, the right of reproduction and assembly rights conflict, works of art, originality defined . Sculptures, such as: the version number of the convention out of nowhere, true and false licensor fish in different dimensions replication is considered copy Chengdiao the main body of the copyright vesting vague, reasonable use rights abuse. The fourth part as the conclusion of the study of reproduction rights protection in China conclusions and recommendations, and proposes to speed up the recommendations of the department Legislation.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law
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