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On the right of rental of works

Author: ZhangXueGong From: www.yourpaper.net Posted: 2010-05-25 23:08:59 Read:
Abstract: The works of rental rights established a balance between the interests of copyright holders and the public economic rights, research works right to rent the subject, object, content, tort Relief and Works rental rights restrictions, implementation , is of great significance to further improve the work system of rental rights.
Keywords: works right to rent the copyright owner lessor works copy

Abstract: Rental right of work is one of the property copyrights, which is established for the balance of interest between copyrighter and the public. Studying the problem of rental right such as subject, object, content, limits, realization is to be significant to perfect the rental right system of work.
Key words: Rental right of work, Copyrighter, Renter, Replica of work

A balance of interests and works of rental rights established inevitability

The law is a means of regulation of the interests of the community, "accounted for the dominant class in society on the basis of understanding and confirmation of the fundamental interests of the coordination of social interests and the means of protection to be recognized as the legitimate interests of." [1] interests an objective category, the popular talk is good, the people's social life need to satisfy and meet the needs of the people means. Interests determine the generation, development and operation of the law; legal influence (facilitate or hinder) the degree of realization of the benefits and direction of development ", [2] the law determined by the interests of social relations in a variety of objective phenomena of interest purpose, the direction of regulation. Copyright law is to adjust between copyright holders and the public, about the works of creation, dissemination, legal interests.
Copyright law protection of literature, art, scientific works are the interests of the creators first, which is the core mission of the Copyright Law. Of intellectual creations, great care, pay a great deal of mental, physical and property to pay. If we do not give a fair and reasonable return record of investment and hard work, the long run, severe contusion of the enthusiasm of the Creation, it can not provide the community with a large number of outstanding works, but can not meet the needs of the growing cultural life. Thus, as the Director General of the World Intellectual Property Organization Bogsch noted in the preface of the Berne Convention Guide, "a book:" Copyright is an important factor in the promotion of social development experience has shown that the richness of the cultural heritage of the nation depends on the literature the level of protection of works of art, the higher the level of protection of creation to encourage the greater, the greater the production of literary and artistic works, books, records, manufacturing and the prosperity of the cultural and entertainment industry. "[3] and copyright protection The level depends largely on how much of the exclusive rights conferred by the author, in general, more given to the author's exclusive right of the stronger control over their creative works for the benefit of the author the protection of the more comprehensive; Conversely, the weaker of its creations control, protection of the interests of the weaker. Therefore, the world of copyright law gives the author exclusive right to protect the interests of the author.
However, copyright law in the protection of the interests of not depending on the expense of the public interest, the ultimate purpose of the system of copyright law is to promote the sustained growth of the socio-cultural, economic cause. Each piece is product of the activities of individual creativity, but it is in the succession to abandon the results on the basis of previous outstanding culture, "If you cancel the rational use will result in unreasonable expansion of the scope of copyright protection individual copyright owners will be possible in the public domain is decomposed into a piece of personal territory, and set up a high fence to maintain, over time, to borrow each step of the alleged infringement, then the re-creation along with it stopped. "[ 4] and, if too much emphasis on the author's exclusive right, will inevitably lead to the propagation of the decline in the number, which would also affect the recovery of investment. Therefore, it is necessary to give the exclusive right of the author to certain restrictions, including restrictions of existing exclusive right also includes the new exclusive rights granted cautious. So that in the field of copyright is necessary to protect the author's interests, but also to take care of the interests of the public to certain restrictions, to the benefit of the author, and seek a fair and reasonable balance between the two, which requires copyright holders and the public claim and exercise their respective rights, should be appropriately limited in a certain range, either party exceeds this limit, it will have each other's rights violations, thus breaking the balance and coordination relationship between the two. " [5] When the interests of copyright holders and the public interest is an imbalance between the forward development of social science and technology, will be driven by the amendments to the Copyright Law, and each revision of the copyright law are also in order to the owner of the copyright in the public reached between the new balance of interests as well as the confirmation of the new balance of interests, the right to work rental that is established in this case.

2 works the constituent elements of the right to rent its concept

Works of rental rights as an independent economic rights, and other civil rights have three elements of the subject, object and content. According to the general principles of copyright law, legally entitled to the copyright that is the subject of copyright by the copyright owners, nine of China's "Copyright Law" states: Copyright include: (a); (b) is copyrighted by the citizens in accordance with this Law, legal persons or other organizations. "works of rental rights as a right in the economic rights, the subject should also be the copyright owner, both the author of the original creation, also includes works in a lawful manner rental rights of citizens, legal persons and other organizations, such as the author's heirs, through the transfer of the right of rental of the work people. TRIPS Agreement, Article XI legal heir of the author or the author's right to rent the main Phonograms neighboring rights and Phonograms contains the works of the author the exclusive right to rent, if the Member States have established Phonograms rental fair compensation mechanism, you can not protect; as long as it does not cause substantial damage to the right to have the exclusive right of reproduction. [6] In other words, as long as the right holders can receive sufficient financial compensation from the compensation mechanism of pre-existing works are not a lot of copy, Member States can not protect recordings of rental rights, the provisions of the TRIPS Agreement of the WCT rental rights fully same. Can be seen, the TRIPS Agreement and the WCT in effect, provides a recording of the work itself of (neighboring rights) are entitled to rental rights and which contains music works of the author. EC Rental Rights Directive "provisions of copyright and neighboring rights are entitled to the right to rent. Specifically, the author is the original and copies enjoy the right to rent, enjoy the right to rent the performer of his performances and video products, filmmakers enjoy the right to rent the original and copies of the film he produced. [7] see from a practical point of view, these provisions are consistent, but the terms vary. The WPPT 9 and Article 13 gives the performers and producers of phonograms their rental rights Performances and Phonograms enjoy. China's "Copyright Law" provisions of Article 7 a particular copyright holder is entitled to rental rights; Article 41 of audio and video products of its production of audio and video products enjoy a right of rental, and audio and video recordings show rental rights of the author of the work included audio and video recordings and audio and video products are not provided, that is not protected. Closely related to the interests of the performer's rental of audio-visual products, copyright law does not give the performers to rental rights, harm their interests. This is also where the gap between China's Copyright Law and the relevant international conventions. Widespread on the market rental of audio-video products, computer software (ie leasing of shop owners) whether the main body of the work right to rent it? I believe that, although the rental shop owners own money to buy a lot of work copy only entitled to ownership of the copy of the work are not eligible for copyright works. Therefore, rental stores are trying to copyright works for rental to others, and profit from, and should be at least a certain amount of remuneration paid to the copyright owner, so significant fair. Works right of rental is an exclusive right of the copyright holder without permission, rental store owner shall not exercise the right to work rental. Rental shop owners permission to deliver a certain amount of remuneration of rental rights of the work in order to become legitimate exercise, as long as the copyright holder does not work rental rights transferred to the rental store owner, rental shop owner is impossible to obtain works of rental rights, can not become the main body of the work rental rights, can only be the work rental rights to exercise people. Therefore, I believe that as the rental shop owners will be able to become the point of view of the main body of the rental rights obtain permission and pay a certain amount of remuneration is debatable. [8] rental shop owners just exercising the right to work rental Rental copyright owner's work, can not be transferred works of rental rights, we can not be the rental rights belong to the main body of the work and exercising subjects exactly the same, Copyright talent is an subject. Enjoy the works of rental rights for the licensee in the copyright trade, Mr. Zheng Chengsi: rental rights for the licensee in the copyright trade, even if he obtained the exclusive license. "[9] I agree with such point of view. China's "Copyright Law" 10 clearly states: "The copyright holder may permit others to exercise the rights set forth in the preceding 5 to 17 and in accordance with the contract or other provisions of this get paid." This indicates that the economic rights may permit others to The exercise of the right of rental is no exception. The implementation of the license just to authorize others to exercise their economic rights within a certain range, the copyright owner and not the transfer of economic rights the licensee, therefore, economic rights is still the main copyright owner, Licensee only to the exercise of economic rights, even if he won is exclusive to the implementation of a license, does not alter the exercise of its right to the status of persons. And the implementation of the copyright license is more complex, containing only be permitted to claim the right to rent the licensee to exercise the right of rental, otherwise, Licensee rental exercise of the right is not the main. By the same token, the lessee of the work does not enjoy the right to sublet work. Therefore, the main body of the work rental rights can only be legal on copyright and neighboring rights. Abstract: The works of rental rights established a balance between the interests of copyright holders and the public economic rights, research works right to rent the subject, object, content, tort Relief and Works rental rights restrictions, implementation , is of great significance to further improve the work system of rental rights.
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