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Protection Of Information Network Dissemination Right

Posted on:2005-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:L L WanFull Text:PDF
GTID:2166360182970576Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the late 1990's,the rapid development of network technology brought people into information age. The development of information network technology make the dissemination of works more convenience and rapid. It also brings unprecedented impact and challenge into traditional copyright system. For the need of adapt of the protection of copyright in cyber space, the content of owner's right of information network dissemination was added in of China which was lately edit in 2001. Until then the right of information network dissemination is established as a legal right in China. The protection of the right of information network dissemination should contribute to the realization of copyright interests. The existence of copyright legislation is not that the copyright owner, who is in the position of the weak in the Internet environment, needs to be protected but that the Internet needs the regulations. The fair and reasonable Internet regulations shall be based on the dynamic protection of copyright, do good to the creation, increase the creation efficiency, decrease the creation cost and be beneficial to the circulation and use of the works. Only in this way can the economic rights and moral rights of the owner be realized in the process of dissemination. This tendency of dynamic protection is in line with the interests balance spirit of Copyright Law. In China, business operation of the Internet is something that has emerged in recent years; the newly revised Copyright Law has been in force just for two years; the regulations for the protection of right to communicate information on the networks are yet to be introduced; so many practical issues need to be further addressed. Therefore, disputes from infringement on the Internet, in particular, those involving foreign parties should be handled cautiously. We should neither allow the issue of the protection of intellectual property rights, copyright included, to be deterrent to the development of the computer network technology, nor achieve the spread and development of the Internet and other high and new technologies at the expense of the legitimate rights and interests of the IP owners, including the authors, scientists and performers, nor create conditions for law-breaking persons utilizing the high and new technologies or others'intellectual property to seek exorbitant profits. This article presents a systematic research on the study on the establishment, concept, object and principal part, characteristics and limitation of information network dissemination right, which may apply a historic analysis, standard analysis as well as comparative research on its basic theory and relative practice. On the other hand, more systematically research is made on the technical and legal measures protection of information network dissemination right and other aspects. Based on the research described above, this article presents the author's own viewpoint and advice on the consummate of the protection of information network dissemination right.
Keywords/Search Tags:information network dissemination right, protection of right, restriction of right, technical measures, liability of infringement
PDF Full Text Request
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