Extraterritorial Experience and the Construction of Local Norms of Authors'Contract Withdrawal Right
The authors'withdrawal right plays an important role in solving the problem of damages to the authors contract interests and resolving the imbalance of interest distribution between authors and disseminators.The authors'contract withdrawal right,represented by the reversionary right in America and the revocation right in European Union,developed earlier aboard than in China.The reversionary right is triggered by a fixed time and aims to solve interest damage caused by the lack of information in the first negotiation.Supporting rules of reversionary right can protect the expectation interests of the other contracting parties and resolve disputes over the uses of derivative works.The revocation right is triggered by the non-uses from the other contracting party and aims to protect authors'spiritual demand to publish their works.The enforcement of revocation right entails the principle of"use it or lose it"in copyright trading and promotes the uses of works.Combining with local legal basis and market background,legislators can draw lessons from extraterritorial experience,establish authors'withdrawal right triggered by the non-uses from the other contracting party,refine the supporting rules,and promote the principle of"use it or lose it".Based on the above measures,legislators can safeguard the contractual interests of ordinary authors in the cultural industry,and promote the construction of flexible and credible copyright trading relations and healthy copyright management ecology.
copyright contractreversionary rightrevocation rightcopyright managementthe principle of"use it or lose it"
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维普
