論著作出租權(quán)的保護(hù).pdf

1、華中科技大學(xué)碩士學(xué)位論文論著作出租權(quán)的保護(hù)姓名：胡孟智申請學(xué)位級別：碩士專業(yè)：法律碩士指導(dǎo)教師：鄭友德2010-05-23華 中 科 技 大 學(xué) 碩 士 學(xué) 位 論 文 華 中 科 技 大 學(xué) 碩 士 學(xué) 位 論 文 IIAbstract With the development of technology, progress of the times, applications and updates of new science

2、and technology, \particularly digital storage and replication technology leaps and bounds since the third technological revolution, has accelerated the spread of cultural products and dissemination of space, making more

3、and more people choose to rent instead of buying film and television works, which promotes the leasing industry’s prosperity. But this makes copyright owners that are living on the copyright suffers huge loss. Therefore,

4、 to safeguard the economic interests of copyright holders, national laws have to give copyright holders the right to lease, to balance the interests of the community. Since revisions of in 2001, the legal system works

5、in our rental rights legislation has been established, which will no doubt help to strengthen the protection of the copyright owner. Somehow, Rental rights of works reflects the priorities of protection of copyright hold

6、ers, but also reflects the balance principle between interests of right holders and the public interests, our country has taken issue with separation of powers and the right to hire a new legislative model. To protect th

7、e public interest, carries out some rental restrictions, and has formed a relatively complete legal system of rental rights violations. As a new property right, the subjects and objects that works rental right analyzes a

8、nd investigates, acceptance of rental violations and legal consequences of it, are all useful for a comprehensive understanding of rental right theory, and thus help to protect the right of the rental. Currently, the mai

9、n use of the national implementation of the right to lease the implementation of the copyright owner or authorized others to their own, commissioned by the copyright owners and copyright collective management organizatio

10、n to implement a statutory licensing manner. As for the implementation of the rent right in China, it’s mainly implemented by collective management organization. However, for the set-up and operation of the collective ma