版权转让中受让方权益保护研究
发布时间：2018-10-21 08:06
【摘要】：当今,伴随着知识经济的迅猛发展,著作权及其相关产业在国家经济增长中占据着举足轻重的地位,甚至对本国民族文化的传播以及国家综合国力的增强都具有重要作用。随着著作权保护水平愈来愈高,著作财产权交易发展越来越迅速,如何使著作权财产权转让及其利益实现最大化已成为知识产权领域的焦点。我国在《著作权》修订前,学界关于版权能否转让一直存在争论,但是现实却存在版权转让的现象。2001年修订的著作权法首次以立法的形式确立了版权转让制度,之后对版权转让的研究就缺乏系统的研究。由于生活中出现“老鼠爱大米”等受让方利益受损的案例,本文从版权转让中受让方权益保护的角度来阐述,一定程度上弥补版权转让制度的缺失。进一步讲本文的研究符合2008年《国家知识产权战略纲要》要求:促进版权市场化,充分发挥技术市场的作用,构建信息充分、交易活跃、秩序良好的知识产权交易体系;大力发展我国版权产业,促进我国文化与科学事业的发展与繁荣。 由于版权转让制度学界仍然存有争议性兼其本身的复杂性,本文的论述将限定以下范畴:一是限定著作财产权领域,并不包含著作人身权;二是依据我国现状,从著作财产权的利益实现角度审视版权转让制度,以兼顾效率和公平的经济价值取向和以利益平衡德法律价值取向为基础,主要从转让方和受让方的版权流转强调受让方的利益保护,从而实现受让方利益的最大化。研究对象中摒除了无偿的版权转让,如赠与、遗赠和遗嘱继承。 著作权法保护目的促进优秀作品的创作和传播,版权受让方在知识产权交易体系中的作用不可忽视。受让方的权益不仅防患于未然,即防止未来利益受损害,而且还要使受让方权益最大化。在利益平衡的原则下受让方权益最大化是利益平衡中利益组成部分,受让人权益的合理配置是利益平衡的体现,同时文化消费和版权产业发展的要求。 受让方是具有民事权利能力和民事行为能力,能独立承担民事责任的法人、自然人或其他组织。受让方重要权益内容包括对作品和作品的权利现状知情、根据需要请求交付作品、受让无瑕疵财产权以及行使财产权利时著作权人精神权利应受限制。 国内外只有对版权转让方权益保护相关的规定,英美法系和大陆法系国家对版权转让和精神权利限制分别做了一般规定,日本、美国、意大利等规定版权转让登记制度。我国对版权转让和转让登记制度亦有相关规定。我国版权受让方权益保护主要存在如下问题:受让方知情权缺乏制度保障、法律转让后人身权与财产权出现冲突未作处理、著作权立法对著作权转让登记的规定存在缺陷。 针对以上问题,本文主要提出建立完善的版权转让保证保险机制、立法采纳精神权利部分穷竭的原则、建立版权转让公示制度三个方面的建议,从而保护受让方权益,完善我国版权转让制度。由于我国版权代理机构不成熟、经营手段不灵活、同时接收转让人和受让人委托等缺点,版权受让方权益受到一定影响,因此从立法上完善版权代理机构制度和从行政上加强版权代理机构管理进行完善。
[Abstract]:Nowadays, along with the rapid development of knowledge economy, copyright and its related industries play an important role in the national economic growth, even the dissemination of national culture and the enhancement of national comprehensive national strength. With the higher level of copyright protection, the development of property rights transactions has become more and more rapid. How to maximize the transfer of copyright property rights and the realization of its benefits has become the focus of the field of intellectual property rights. Before the revision of copyright, our country has argued about whether copyright can be transferred, but there is a phenomenon of copyright transfer in reality. The copyright law was first set up in the form of legislation in 2001, and then the research on copyright assignment lacks systematic research. Due to the fact that mice love rice and other transferee's interests in life, this paper expounds from the angle of the protection of the rights and interests of the transferee in the copyright assignment, which makes up the deficiency of the copyright transfer system to some extent. Further, the research in this paper is in line with the requirements of the National Intellectual Property Strategy for 2008: promote the marketization of copyright, give full play to the role of the technical market, construct the intellectual property transaction system with sufficient information, active transaction and good order, and vigorously develop the copyright industry in our country. To promote the development and prosperity of our country's culture and science. As the academic circle of copyright transfer system still has controversial and its own complexity, this article will define the following categories: one is to define the field of the property right of the work and does not include the personal right of the work; the second is the basis of me. According to the present situation of the country, the copyright transfer system is viewed from the perspective of the interests of the property rights of the works, so as to take into consideration the economic value orientation of efficiency and fairness and the orientation of the legal value of the interests balance, and mainly emphasize the interests of the transferee from the rights circulation of the transferor and the transferee. To protect and thereby achieve the benefit of the transferee Maximize. In the research object, there is no free transfer of copyright, such as gift, legacy and heritage. The protection of copyright law promotes the creation and dissemination of excellent works, and the copyright transferee is in the intellectual property transaction system. The role of the transferee is not negligible. The rights and interests of the transferee are not only protected against the consequences, i.e. to prevent the future interest from being damaged, but also to protect the subject To maximize the interests of the parties, the maximization of the rights and interests of the transferee under the principle of balance of interests is an important part of the interest balance, the reasonable allocation of the assignee's rights and interests is the reflection of the balance of interest, and the cultural consumption and copyright are simultaneously The transferee is the requirement of industrial development. The transferee is a civil right and civil capacity, and can bear civil liability independently. Legal persons, natural persons or other organizations. The important rights and interests of the Transferee include the knowledge of the rights of the works and the works, requests for delivery of the works as required, the transfer of non-defective property rights and the exercise of property rights The spiritual rights of the right person should be restricted. At home and abroad, only the provisions concerning the protection of rights and interests of the copyright transferor and the limitation of copyright transfer and spiritual rights are generally stipulated in the common law system and the civil law system countries, and Japan, the United States and the United States.......................................................... The transfer and transfer registration system also has the relevant provisions. The protection of the rights and interests of the copyright transferee in our country mainly has the following problems: the right to know the right of the transferee is lack of system guarantee, the right to personal right after the transfer of the law and the property right have not been dealt with, and the copyright legislation In view of the above problems, this article mainly proposes to establish perfect copyright transfer guarantee insurance mechanism, legislation adopt the principle of partial exhaustion of mental right, establish three aspects of copyright transfer publicity system, from In order to protect the rights and interests of the transferee and perfect the system of copyright transfer in our country, because the copyright agency of our country is not mature, the management means is inflexible, and the defects of the transfer person and the assignee are received at the same time, the rights and interests of the copyright transferee are affected, so the copyright agency system is perfected from the legislation
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923.41
本文编号：2284488
[Abstract]:Nowadays, along with the rapid development of knowledge economy, copyright and its related industries play an important role in the national economic growth, even the dissemination of national culture and the enhancement of national comprehensive national strength. With the higher level of copyright protection, the development of property rights transactions has become more and more rapid. How to maximize the transfer of copyright property rights and the realization of its benefits has become the focus of the field of intellectual property rights. Before the revision of copyright, our country has argued about whether copyright can be transferred, but there is a phenomenon of copyright transfer in reality. The copyright law was first set up in the form of legislation in 2001, and then the research on copyright assignment lacks systematic research. Due to the fact that mice love rice and other transferee's interests in life, this paper expounds from the angle of the protection of the rights and interests of the transferee in the copyright assignment, which makes up the deficiency of the copyright transfer system to some extent. Further, the research in this paper is in line with the requirements of the National Intellectual Property Strategy for 2008: promote the marketization of copyright, give full play to the role of the technical market, construct the intellectual property transaction system with sufficient information, active transaction and good order, and vigorously develop the copyright industry in our country. To promote the development and prosperity of our country's culture and science. As the academic circle of copyright transfer system still has controversial and its own complexity, this article will define the following categories: one is to define the field of the property right of the work and does not include the personal right of the work; the second is the basis of me. According to the present situation of the country, the copyright transfer system is viewed from the perspective of the interests of the property rights of the works, so as to take into consideration the economic value orientation of efficiency and fairness and the orientation of the legal value of the interests balance, and mainly emphasize the interests of the transferee from the rights circulation of the transferor and the transferee. To protect and thereby achieve the benefit of the transferee Maximize. In the research object, there is no free transfer of copyright, such as gift, legacy and heritage. The protection of copyright law promotes the creation and dissemination of excellent works, and the copyright transferee is in the intellectual property transaction system. The role of the transferee is not negligible. The rights and interests of the transferee are not only protected against the consequences, i.e. to prevent the future interest from being damaged, but also to protect the subject To maximize the interests of the parties, the maximization of the rights and interests of the transferee under the principle of balance of interests is an important part of the interest balance, the reasonable allocation of the assignee's rights and interests is the reflection of the balance of interest, and the cultural consumption and copyright are simultaneously The transferee is the requirement of industrial development. The transferee is a civil right and civil capacity, and can bear civil liability independently. Legal persons, natural persons or other organizations. The important rights and interests of the Transferee include the knowledge of the rights of the works and the works, requests for delivery of the works as required, the transfer of non-defective property rights and the exercise of property rights The spiritual rights of the right person should be restricted. At home and abroad, only the provisions concerning the protection of rights and interests of the copyright transferor and the limitation of copyright transfer and spiritual rights are generally stipulated in the common law system and the civil law system countries, and Japan, the United States and the United States.......................................................... The transfer and transfer registration system also has the relevant provisions. The protection of the rights and interests of the copyright transferee in our country mainly has the following problems: the right to know the right of the transferee is lack of system guarantee, the right to personal right after the transfer of the law and the property right have not been dealt with, and the copyright legislation In view of the above problems, this article mainly proposes to establish perfect copyright transfer guarantee insurance mechanism, legislation adopt the principle of partial exhaustion of mental right, establish three aspects of copyright transfer publicity system, from In order to protect the rights and interests of the transferee and perfect the system of copyright transfer in our country, because the copyright agency of our country is not mature, the management means is inflexible, and the defects of the transfer person and the assignee are received at the same time, the rights and interests of the copyright transferee are affected, so the copyright agency system is perfected from the legislation
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923.41
【引证文献】
相关硕士学位论文 前1条
1 姚洋;论我国著作权交易保证保险的完善[D];辽宁大学;2013年
，本文编号：2284488
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