| The absence of both copyright contract rules and intermediary organizations required for collective bargaining has led to a situation where Chinese authors have no law to rely on when face many unfair treatments in the field of copyright contract. Meanwhile, the institutional arrangements for the extraordinary protection of the author's rights in comparative law have taken different paths due to the differences in the strength of relevant industries in different countries. In the absence of the support of basic local rules, the solution in conformity with the characteristics of the industry in China is firstly to recalibrate the protection scope of authors' rights on the basis of comparative law experience, and avoid direct protection of authors' profits by ex post rules, but instead increasing the authors' capacity for autonomy through ex ante rules and, secondly, to apply legal dogmatics as the main method to achieve the judicial explanation on the basis of the contract chapter in the Copyright Law and the Contract Part in the Civil Code. The types of rights licensed or transferred in the contract chapter of the Copyright Law are regarded as the "necessary points" for the establishment of the contract, and the contract clauses are required to clearly list the scope of use, purpose, time limit and royalty standard of each right. Meanwhile, based on the differences between onerous and gratuitous contracts, general rules of contract termination should be applied by analogy to make sure that authors are not unreasonable restricted by continuous contract. |
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