著作权法定与自由的悖论调和

The general protection clause, “other copyrights that should be owned by copyright owners”, means that China copyright law is not strictly follow the Numerus Clausus principle inheriting from property law. The purpose of the general protection clause is to provide legal bases for the judge-made law and private ordering, both of which are used to solve the lack of statute copyrights and undefined benefit distribution in new business models. However, how to interpret the general protection clause in copyright law has never been rationalized either by legislature or by judge, which made it be criticized when applying in court. Due to Resolving the Conflict between Numerus Clausus and Numerus Apertus in Copyright Law, the general protection clause should be interpreted as introducing copyrights from international conventions that are approved to join in, and applying private ordering as a new servitude when there is a nexus to statue copyrights in copyright law.