著作权合同中作者权益保护的规则取舍与续造

collective bargain and collective management organization are never be the key to enter into a copyright contract, which makes inequitable remuneration and inequality of authors position become common in China. Furthermore, Contractual protection of author has become more controversy in the U.S. and E.U. countries. Due to different positions of internet industries that makes copyright rules less consistency. For that reason, a more practicable way to protecting authors in copyright contracts, should focus on two approaches. Firstly, the category of author’s interests should be defined by the new hybrid of local internet and copyright industries, and use ex ante rule to protect authors in copyright contracts. Secondly, legal dogmatics should be chosen as the major method to achieve the judicial explanation, which based on the chapter of copyright license and transfer in copyright law and contract series of the civil code. The type of rights should be considered as the Necessary points that constitute the essential factor of contract. Meanwhile, based on the differences between onerous and gratuitous contract, general rules of contract termination should be analogized to make sure authors will not be unreasonable restricted by Continuous contract.