The Study Of The Copyright Of China's Media In The TRIPs

Communication is a kind of social behavior among human being for transmitting or communication message .During the development process of human society ,this behavior has gradually become significant in technology,economy and law. With the development of communication technology and specialization of communication behavior, copyright law begins to grow up as the by-product of modern communication technology . Based on the theories mentioned above and with such clues as the subject,object,content and infringement action ,this essay is going to discuss the following four point.1 .Define the media's main body theoretically . The media referred to in this essay is characterized by the time effect in content, comprehensiveness in form and overlap in coverage ,and is divided into such four categories as traditional magazine ,radio ,TV and newly emerging internet.2.Combined with the traditional theories of copyright law, this essay will analyze respectively the copyright law protection to the newly emerging work with the development of communication technology in the communication process. Combined with the relevant regulations in Trips Agreement, this essay will discuss the impact on the originality of work in the traditional theories of copyright law from the increase of the technology percent in the current communication behavior and the increasing important of the economic investment.3.Analyze the right and obligation of the already defined four media based on the current copyright law of China . Bring some legal suggestions on media's neighbouring rights .4.As a member of WTO,China should comsider its own specific situations on the basis of WTO rules and regulations .the essay argued that the presumed-fault liabillity principle should be applied in the copyright law of China.The new communication technology creates new forms of works, provides new means to make use of works ,produces many new problems as well as exerts new great impact on the traditional theories of copyright law. To seek the control of communication message and the proper use on the basis of mordern technology is the basic starting point of construction mordern copyright law system.