The Functional Research on the Legal Framework of Copyright Securitization SPV

Qiong Wei () and Jiajia Pu
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Qiong Wei: Southwest Jiaotong University, School of Public Administration
Jiajia Pu: Southwest Jiaotong University, School of Public Administration

A chapter in Proceedings of the 2024 9th International Conference on Social Sciences and Economic Development (ICSSED 2024), 2024, pp 588-604 from Springer

Abstract: Abstract In order to promote copyright securitization as an important way of financing for the science and technology innovation industry, the legal framework of its SPV should not only have the general functions of asset securitization SPV legal framework, but also have special functions to prevent the unique risks of copyright securitization. The legal framework of copyright securitization SPV in developed countries is mainly based on SPT and SPC, with both similarities and differences in their functional content. The legal framework of China's copyright securitization SPV is mainly based on the “asset support special plan” and traditional corporate structure. The “asset support special plan” does not have the function of isolating the bankruptcy risk of the administrator. The traditional corporate structure has defects such as not being able to isolate its own bankruptcy risk, limited issuance of securities, and high tax burden. To this end, it is advisable to improve China's corresponding institutional arrangements by formulating the Asset Securitization Law and amending relevant old laws, and construct a legal framework for copyright securitization SPV with necessary functions to adapt to the rapid development of copyright securitization practice.

Keywords: Copyright securitization; Legal framework; Risk prevention and control (search for similar items in EconPapers)
Date: 2024
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DOI: 10.2991/978-94-6463-459-4_67

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