我国著作权合同制度及其完善研究——以我国《著作权法》第三次修改为视角

Research on the Contract System of Copyright in China and Upgrading Thereof:A Perspective of the Third Amendment of China's Copyright Law

著作权行使是发挥著作权的作用、实现作品经济和社会价值的保障,也是我国《著作权法》第三次修改新增的章节。著作权合同则是著作权行使的基本法律形式。著作权使用许可合同、转让合同和质押合同是著作权合同的常见形式。我国《著作权法》修改草案对这些合同制度均做出了规定,但仍存在一定的问题,需要进一步完善。

The exploitation of copyright is an important safeguard to play the role of copyright and realize the economic and social value of works, and is also an important Chapter added in the third amendment of China＇s Copyright Law. The copyright contract is the basic legal form to exer- cise copyright. Copyright licensing contract, the contract of assignment and pledge contract is a common form of copyright contract. The third amendment of China＇s Copyright Law makes regula- tions as to these systems, but there are still some issues need to be further improved.