Research on the Protection of Derivative Works from the Perspective of China

Abstract

The current derivative work system in China has problems such as the malfunction in adjustment objects and the imbalance of interests in exercising rules. In order to overcome the above drawbacks, some scholars have proposed such theories as the theory of infringing works, copyright negative protection mode, copyright blockade protection mode and unjust enrichment protection mode. Although such theories have some saving grace, defects still exist. The introduction of accession protection mode is the best solution for the current derivative work system to march towards the reform of interests equalization, which allows the right holder to agree on the attribution of the derivative work, allows the party who has made the larger contribution to obtain the copyright of derivative work under the circumstance that no agreement is made or the agreement is inexplicit, and makes up for the corresponding input and income of the other party.