The Legal Logic and Relief of Negative Protection for Unauthorized Derivative Works
It is still questionable whether creators enjoy the copyright of their derivative works from the per-spective of infringement.By analyzing the unauthorized act of derivation based on temporal logic,the difference be-tween"creation"and"exercise"and that between"exercise"and"infringement"is clarified,and it is concluded that China takes negative protection for unlicensed derivative works.However,the ambiguous existing laws,the blocked authorization channels,and the insufficient consideration of factors in judicial decisions result in the insufficient neg-ative protection for unauthorized derivative works.Suggestions such as introducing corresponding judicial interpreta-tions,reconstructing the authorization mechanism,and categorizing the interests contained in the unlicensed deriva-tive works are proposed,so as to strengthen the negative protection for unlicensed derivative works and better real-ize the target value of the law.
unauthorized derivative worksnegative protectionauthorization mechanismbalance of interests
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