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Transfer of Copyright Registration System in China

Author: LongHongYun
Tutor: ZhuXianGuo
School: Nanjing University of Technology and Engineering
Course: Civil and Commercial Law
Keywords: copyright copyright transfer copyright transfer registration legal effect
CLC: D923.41
Type: Master's thesis
Year: 2012
Downloads: 103
Quote: 0
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Abstract

Copyright transfer is an important way for the copyright owner to achieve property rights out of the copyright. In the era of knowledge economy, the activities of obligee transforming their knowledge into wealth have been more and more frequent. However, the disputes on copyright ownerships have also been with great frequencies, especially when it comes to the phenomena of "a copyright, several sells". The reasons for the said phenomena include both the lack of related regulation system in China and the complexity of the copyright transfer. Hence, it’s necessary for China to establish a supporting security mechanism of copyright which is the copyright transfer registration system. The copyright transfer registration are both public acts and judicial acts, which not only can provide the legal effects of goodwill protection or notification, but also have the values in lowering costs and securing transactions. The establishment of China’s copyright transfer registration system should set the principal of "public summons of right in rem" as the theoretical basis, introduce and learn the legislative experience and advanced system design from both abroad and domestic relevant regulations. To achieve the above goals and meet the coordination of China’s legal system, we should employ the pattern of registration effectiveness; set a national registration authority responsible for the registration and the formal examination of application. We also ought to follow the codes of stability, easement and rapidness when solve the basic problems, set the system in accordance with integrated legal basis, effectiveness, registration authority, registration process, and liability. Besides, we need to address the following matters in practice in copyright transfer registration system, such as legal basis, the effectiveness, the registration authority, the registration process, auxiliary mechanisms, legal liability, registration fees, registration infomationization.

Transfer of Copyright Registration System in China

Abstract

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