Some Issues Regarding the Transfer of Copyright

Copyright,a kind of intellectual property,can not manifest its potential value unless it is exploited and transferred.Therefore,the exploitation and transfer of copyright are vitally important contents of a copyright law,and are expressly provided for in the copyright laws of various states.However,there is a prevalent position among Chinese scholars in the field of intellectual property which maintains that the Chinese Copyright Law only provides for the exploitation of copyright,but not for its transfer.In accordance with the copyright laws of the various states,copyright arises from the fact that a work has been created and the provisions under the law,and the work issubject to copyright protection even after the author dies.Accordingly,the transfer of copyright is an issue at which a copyright law can not be silent ,and the Chinese Copyright Law should be no exception.The author of this article holds that there is much room for the Chinese Copyright Law to be perfected,but the Law itself does make some concrete provisions with respect to the transfer of copyright.The reason why many scholars suggest that there is no such provision in the Chinese Copyright Law mainly because they misunderstand what a transfer of copyright really means.