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Study On Network Copyright Protection

Posted on:2005-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:L MaFull Text:PDF
GTID:2156360122999690Subject:Law
Abstract/Summary:PDF Full Text Request
In the new digital times, rapid development of Internet technologyaccelerates the world's process of utilizing various information systems. As aresult, it greatly quickens the exchanges of information via Internet andglobalizes the propagation of information that has exerted deep in- fluenceson the traditional copyright law systems. Internet technology not only afectsthe pro- tection of digital works suchas the database and multimedia, but alsoinvolves that of traditional works. That gives rise to the question of piracy inInterment. In the Internet times, work and copyright acquires new meanings.Undeniably, before the case the Weihua Chen prosecuted (Computer MarketConditions) against copyright piracy in 1998, there was a dispute thatwhether a digital works in network is equal to the original one or not.However, the judgment of the people's court gave the final answer, whichpointed out by decree: "The difference between the digital works and thetraditional one only lies in the way it exists. They have the commonnature-"originality" and "cam be copied". So the digital works in network isthe real works too, and it should be protected by copyright law." In 1996, World Intellectual Property Organization concluded 《WIPOCopyright Treaty》 and 《WIPO Performances and Phonograms Treaty》,and put forward three concepts: public popularization rights, technologicalmeasures and information of right management. In order to actualize theabove-mentioned two treaties, the United State formulated (The DigitalMillennium Copyright Act) in1998. In those days before Chinese legislature amended the copyright lawformulated in 1990, many people said that the traditional copyright law didn'tstipulated the copyright of digital radiation and the law couldn't protect thenetwork productions. Some criminals violated other's copyright repeatedlytaking advantage of this idea. Because the digital works can be easily copiedand spread extensively, plenty of intellectual achievements were plagiarized 36and copied at random in Internet. In a word, the traditional copyright law wasfacing challenge from the piracy of Internet copyright. The revision of 1990'scopyright law was imperative under the situation, which was the backgroundof advancing the Internet radiation right in new copyright law. In October, 2001, Chinese legislator edited the "copyright law of. 1990to solve the problems of endangering Internet copyrights; and added Internetradiation fight, which means: "The author of literature and artistic worksought to have unique fights. He can empower others to spread his works byway of wire or wireless. He also can provide his works to the public, and themember of the public can obtain these works whenever or wherever he likes.The Internet radiation; fight was added specially for piracy in Internet. Copyright protection on Internet is a new question of intellectual propertyprotection .It challenges the traditional copyright in our country .In thearticle ,I will discuss the four questions .At first I will tell of the theory of thecopyright on the on-line works .Second ,I will say about infringement ofcopyright on the on-line works and protect on it.. Third .I will tell on-lineneighboring right and resection on it. At last, I will focus on one new subjectof the protection on copyright on the on-line works— multimedia works. To strength the lawful protection of the Internet copyright is good notonly to defend the copyright holder's legitimate interests but also to advancethe spread of the international culture ,which has become the well-recognizedin the world nowadays .Comparing with the developed countries ,China has apronounced distance in this aspect. Therefore in order to advance thedevelopment of our country's cultural cause and make the best of advantageof the internet ,it is necessary to strengthen the building of legal system aboutInternet copyright.
Keywords/Search Tags:Protection
PDF Full Text Request
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