Copyright Protection On The Internet And Limitations

Copyright protection on the Internet is a new task,which arises along with the development of digital technology and the technology of Internet communication. For copyright owners,disseminators and the public,it is still a complicated problem to upload,disseminate or use copyright works on the Internet,although the right of communication to the public enjoyed by copyright owners has been approved by WCT and WPPT. Against this background,starting from the spirit of copyright law -------managing to strike a benefit balance between copyright owners and the public soas to encourage the creation of copyright owners and to promote the progress and prosperity of culture and science of mankind,this dissertation conducts systematic research on the protection of and limitation to copyright on the Internet.The dissertation has eight charpters.The preface makes introduction on the development of Internet communication technology,which is the technologic backdrop and basis for the whole dissertation.The first charpter is "Internet and Law". For many people including some jurists are still in doubt on the issue that the relationship arising out of the Internet shall be regulated by law,by virtue of the spirit and technology of Internet,this section analyzes the close relationshop between Internet and law.In the second charpter "Internet and Intellectual Property Law",it is illustrated that the expression and dissemination of information on the Internet are just the object of the copyright protection. Internet,therefore,has natural ties with intellectual property law.The title of charpter three is "The Copyright Protection on the Internet". The issue ofcopyright on the Internet principally includes two parts-protection andlimitation. By discussing "the right of communication to the public","copyright works on the Internet","technological measures of copyright","rights management copyright information",this charpter examines the features of copyright protection on the Internet.The fourth charpter "the Essence of the System of Copyright Limitation",through exploring three aspects of copyright law:how to create,use and realize the value of copyright works,copyright law's purpose and value,copyright limitation and freedom of speech,deeply analyzes the copyright limitation.Charpter five is "the History of Copyright Limitation". This section researches on the spirit of copyright law,namely,maintaining balance between protection and limitation,which is embodied throughout the history of copyright law.The sixth charpter "Copyright Limitation on the Internet",which is the focal part of the dissertation,studies,on the basis of foregoing analysis,copyright limitation on the Internet from two aspects. First,from vertical direction,uploading works,disseminating works and downloading works are discussed. Secondly,from horizontal direction,fair use,statutory licence,para-statutory licence and tacitly consent are examined.The seventh charpter is "Moral Right Protection and Limitation on the Internet". This issue is examined on the ground of the characteristics of the Internet.Charpter eight "Technological Measures of Copyright Protection",by analyzing the technological measures from several perspectives like copyright owners,the public,technology in itself and citizen's constituional rights,researches on the effect which technological measures exert on copyright protection and limitation.