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Studies On Problems Of Copyright Protection In Electronic Commerce

Posted on:2005-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:X J ZhangFull Text:PDF
GTID:2156360122985278Subject:Law
Abstract/Summary:PDF Full Text Request
With the advent of internet times, electronic trades based on internet become more and more frequent. Internet Electronic Commerce, a new trade fashion influencing fiercely economic and trade activities, while propelling the globe trades, lowering the production costs, increasing enterprise efficiency, has brought about overall challenges facing the whole thoughts and regime of the law. As the important one of the traditional Intellectual Property institutions, Copyright law has inevitably felt the challenges. For example, at the Electronic Commerce times, a large number of digital works accumulated and linked on internet has developed into digital commodity, and the online trades of digital commodity sharply impact the principles of traditional copyright law which includes regionalness, timeliness, and exclusiveness; EC exploits the most extensive market for digital works trades, at the same time it induces the climax of global violation of the copyright of digital works marked with prompt and costless duplicability. In the face of this background, what will be done to balance the interest among copyright owner, operator or service provider of EC and the masses has become attention from many academician. Having been surrounding this theme and regarding the commerce and service characteristics of EC and using the fundamental copyright protecting theory in the network setting for reference, the paper has systematically analyzed the copyright legal problems under the EC circumstances in the ways of comparison analysis, case research, and historic analysis, which is expected to benefit our legislative and judicial work in future in our country.The paper consists of four parts:The first one has discussed the relationship between EC and the protection of the copyright, and introduced some basic conception involved EC. Firstly, digital and network technology and EC has aroused so much wrongful copy and spread of the works enjoying copyright that the online trade of Digital works sharply requires the protection of copyright system to maintain the interest of copyright owner and works spreader and to accelerate the development of EC. Secondly, the copyright protection under the EC setting is theoretically and practicably viable since on the one hand, the new technology hasn't shook the foundation or the principles of the copyright system at all, and digital works possess every traits of the works safeguarded by copyright law; on the other hand ,in practice, the protection of the technical measure, right managing information and the copyright collective administration organization achieves the special protection of digital works, and the application of general copyright laws and regulations to the EC surrounding realizes the universal protection. Of course, traditional copyright law couldn't directly apply to EC. After all, EC has full-scale struck the copyright system, mainly in character and content, and copyright law is confronting a new round adjustment and variance.The second part has been involved about the changes of copyright institution caused by EC and network techniques. The rise of EC has broken up the mechanism of balance in tradition copyright circumstances, and one evidence is that the infringement of the copyright has become much easier. Copyright owners' economic rights inevitably first encounters the challenges: a kind of specific exclusive right should be given to a copyright owner to protect the interest of him; the right of copy is supposed to be widened under EC condition. Likewise, the spiritual right protection in new situations needs some adjustments. For one thing, the swiftness and convenience of network demands the proper restriction for the spiritual thing, which favors the evolution of digital multimedia works and the globalization of EC; for the other thing, in spite of the negative thing resulting from EC, there indeed exist some good: new technology leads to some new methods to protect the spiritual rights; the adequate protection of spiritual rights can guarantee...
Keywords/Search Tags:Electronic Commerce, copyright protection, online spreading right, spiritual copyright, database, infringement of copyright, hypertext links, reasonable usage, legal admission
PDF Full Text Request
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