| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 93 === The dissertation is composed of seven chapters .Chapter 1 illustrates the motive, purpose, scope and method of this dissertation .
Chapter 2 describes that the system of Copyright Law in R.O.C is a kind of dualism at first. And then,this chapter also introduces the content and characters of each right in Copyright Law. As a result of the similarity between copyright and realright, the copyright could be classified to be quasi-realright.
Chapter 3 discusses the meaning of copyright licensing agreement in the field of law and economy, and by means of comparing copyright licensing agreement with sale agreement, lease agreement and publishing agreement to understand the content and characters of copyright licensing agreement.
Chapter 4 introduces the meaning and rules of following copyright license types. The difference between exclusive license and non-exclusive license depends on whether the licensee obtains the exclusive right. The difference between voluntary license and non-voluntary license depends on whether the licensee obtains the consent of licensor. Furthermore, non-voluntary license could be classified into compulsory license and statutory license.
Chapter 5 discusses whether the juristic act of disposition exists in copyright licensing relationship. Copyright Law in R.O.C shows that whatever exclusive license or non-exclusive license contains the juristic act of disposition, and by means of comparing Copyright law in German and Japan ,it is better legislation.
Chapter 6 illustrates the rules of copyright licensing agreement. The scope of license is the most frequent issue in copyright licensing agreement, so this chapter discusses the ‘Zweckuebertragungstheorie’ in Germen and the controversy related to the scope of digital publishing license in American cases. Besides, chapter 6 also explains the responsibility of warranty against defects of licensor and the obligation of the parties in copyright licensing agreement.
Chapter 7 contains the suggestion and conclusion of this dissertation.
|
|---|
