Professor of Law, copyright trade talks "going out" the legal issues involved

To Xiao-Peng

"Twelve Five" during the copyright trade how to "go out", is the copyright industry practitioners topic of common concern. In the current digital environment copyright industries in order to "go out" and can take a good healthy run away, practitioners need to copyright protection from the perspective of copyright law to consider. So what exactly is copyright trade "going out" what legal issues are involved; in the "going out" process from the perspective of copyright protection which can provide legal protection; currently facing copyright protection What are the main problem; in the promotion of "going out" of the process, we How to play the role of copyright protection and other issues, the copyright industry experts, scholars continue to study the issue.

From a legal point of view, "going out" should pay attention to

From a legal point of view, "going out" means "foreign trade rights." Generally refers to a copyright work in the country legally entitled to the rights related to the rights of people to all or part of the transfer, licensing within a certain area outside the licensee for use in a specific area related rights are licensed. In this process, the three main legal issues involved:

One problem: the effectiveness of works and copyright. "Going out" is a prerequisite should be a legitimate and effective works and copyright. This is necessary to understand and grasp the intangible nature of copyright itself has, timeliness, regional and so on. Only a legitimate, effective, competitive market forces or the potential market value of the works, to ensure we not only can "go out" and be able to go steady, go further. Therefore, an original, transmissible, sustainability, growth works, is the premise that we can go out.

Question two: "going out" of the subject, that is engaged in copyright trade in the main subject to be eligible. Speaking from a legal person shall include three categories, namely, all the rights, exercise of the right people, right or right to exercise the legitimate agent. As for the exercise of the right people, the legal representative may also be more of a copyright public service agencies.

Question three: "going out" approach and the form of "contract." Copyright output of the signing of the contract process, to carefully review the qualifications of the licensee, whether performance capacity; to the output state of copyright and contract law copyright law to fully understand whether the review of the contract conflict with the laws of the exporting country; Copyright exporting countries to understand the way copyright protection between China; and exporting countries to participate in international conventions and whether China has concluded bilateral agreements. In terms of the content, the use of copyright to the output object, use, period, region, cost standards, terms of payment were expressly agreed. Also, pay special attention to the contract dispute or disputes relating to the provisions of treatment, such as jurisdictional issues, arbitration, applicable law issues.

"Going out" in the face of legal protection

Speaking from the international level, due to copyright with the regional characteristics, so my copyright "going out" can not do without the cooperation of relevant countries and coordination. From the international protection of copyright, the international community has formed a number of relevant copyright conventions, all from different aspects of the legal protection of international copyright provisions to make a framework.

From the domestic perspective, either from our legislative, judicial, or administrative rights, have established a relatively perfect system of copyright protection, the existing legal system of copyright and related measures can "go out" to provide comprehensive legal protection . While some systems and measures should be further improved, but the existing system has to meet our "going out" laws needed protection.

Ways from the copyright trading, methods and objects of view, the main way copyright trading method is the copyright and licensing system; copyright transfer system; copyright pledge system and other ways to achieve the value of copyright. This particular note is the object of copyright trading, which should be concerned about property rights in copyright works is a bunch of right, any one or several, or all can be used as transaction objects. Therefore, the transaction object must be specific and clear.

"Going out" the main problems existing in the process

As China's economic development, increasing international status, the international community for our language, culture, interest in becoming strong, but China's foreign trade rights will not be long, lack of experience, there are some really urgent problem.

First, the role of copyright public service remains to be strengthened. "Going out" to enter the country to understand the needs of copyright. I believe that this should strengthen the rights of public service agencies. China's current copyright collective management organizations, trade associations, certification bodies and intermediaries Copyright role has not fully, in particular copyright public service, public service in the form of public service also restricts our ability to "go out" pace.

Second, the lack of copyright protection abroad, the ability to crack down on piracy overseas needs to be improved. At present, China has with nearly 200 countries and regions of books, copyright trading relationships with nearly 40 other countries signed a mutual translation of the classic works of the agreement with the European Union, the United States, Japan and South Korea have established a regular dialogue on copyright protection mechanism. Nevertheless, it is understood in Vietnam China, India, Indonesia, Kazakhstan and other countries Haas, books are still very serious violations. How to resolve copyright disputes outside to prevent, reduce infringement, piracy is still a need for further research.

Again, the right to ownership of copyright in the digital environment the clarity and authority efficiency to be improved. With the copyright trade "going out", digital publishing and copyright licensing issues are increasingly prominent. Development of network technology to make copyrighted works growing network of distribution and sales. No Borders Network, the network will also have the copyright issue of cross-border problem of output, the output region may also be an impact on the rights of the licensee. Thus, faced with the network environment to bring the copyright trade, some new problems.

Copyright protection in the promotion of "going out" in the role of

As China's copyright "going out" strategy to promote and development, how to further play in the promotion of copyright protection "go out" to play a greater role in the industry experts have been pondering, I think we should do the following:

First, establish a sense of international copyright. Copyright protection in today's world in the promotion of copyright cooperation from all countries, and efforts to combat piracy. Going out means that the copyright trade, publishing, business and management has been internationalized. This will require us to use the common international rules of the game in the copyright trade.

Second, both through legal and technical means to increase the rights efforts. The digital environment through technical protection measures to increase the protection of related works, but also to a certain extent, to curb copyright infringement and piracy overseas. The law as the most important means of relief, you can fully protect the rights of the copyright the legitimate rights of people outside.

Third, in the digital environment to further improve the efficiency of copyright ownership and licensing. Copyright "going out", in addition to strengthening the awareness of the legal protection of copyright, related rights from a legal point of view clear attribution and the scope of rights and obligations, is essential. At the same time, the digital environment to improve the efficiency of online copyright license, but also conducive to copyright "going out" further. Therefore, the strengthening copyright public service building; build a nationwide comprehensive copyright trading platform; further enhance the copyright collective management organizations and agencies in the copyright trade status and role is to promote our "going out" a strong protection.