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Study On The Copyright System Of Continuous Writing

Posted on:2012-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:P LiangFull Text:PDF
GTID:2166330335988171Subject:Law
Abstract/Summary:PDF Full Text Request
Network information technology and industries developed rapidly and network of international interaction and further strengthened, particularly internet literature and the impact of the copyright system, and then make me to start to pay attention to the issue of the continuous writing. However, whether in theory or practice of profession and whether domestic or foreign, there is no uniform standard about how to determine and regulate this issue. Therefore, the author argues that the continuous writing copyright issue to explore the development of our copyright system and improvement of great significance.This paper is organized as followed: chapter 1 presents several cases. Cases lead to the existence of written acts and the importance of this issue. Chapter 2 is the research of the essence of continuous writing of law. Firstly, the definition of work and writing, form and classification of in-depth grasp. This paper argues that continuous writing is based on the extension of existing work (completed or not completed) from the new works. In order to discuss continuous writing with the original works of relationship between the rights and obligations, I divided it into two major categories of rights and no rights. In order to discuss continuous writing with the original works of relationship between the rights and obligations, I divided it into two major categories of rights and no rights. This chapter focuses on the essential characteristics of the continuous writing and its legal analysis of the property, which is where the academic divergence. The conclusion is: continuous writing with originality, interest, and dependence on and reaction of the original work, where the nature of its original properties. Chapter 3 is an analysis of its infringement. Recognize that it is the works of copyright law is not to deny the infringement of its properties. First, the violation of the integrity of the original work, is a violation of the original work and integrity of the right to protection; without authorization or permission of the author and writing, is a potential economic value of the theft of the original author is a violation of economic rights of the behavior of the original author. Secondly, the analysis of whether it is reasonable use of the original work, special emphasis should be originality. If fair use is a legitimate use of copyright works as a tort immunity, it enjoys such immunity on the premise that the original. Again, using the original works of writing a work with the original name and original works of the characters, plot and other elements continue to write, copyright holders can claim the right to protect the integrity of the work or the copyright work as a whole to maintain its copyright. Chapter 4 is the improvement of the Legislation of the right and writing. Under the new network environment , the emergence of literary form for the modern copyright system to have a new topic. However, whether the existing laws and regulations or the solution given by scholars, are inadequate, can not solve the original works of writing a work conflict between the rights. This paper argues that should be build up a continuous writing right and continuous writing priority system, then to find a balance between continuous writing and Original work., maximum protection of copyright in the original work, based on the application for renewal of the copyright reasonable , and implementation of the Copyright Law to promote the development of socialist culture and science and prosperity objectives.
Keywords/Search Tags:Continuous Writing, Original Creation, Tortious Quality, Continuous Writing Rights
PDF Full Text Request
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