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The Balance Of Copy Right In Digital World

Posted on:2008-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:P YangFull Text:PDF
GTID:2166360215995763Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the digital world, the technical development, especially the cyber development, brights the world a deep impact. The balance of copyright law, which is created to maintain the balance of the writer, the publisher and the public interest, has lost its balance again. There is no doubt that the new technology greatly influences the copyright law. The essay discusses the influences brought by the new technology and the conflicts between the writer, the publisher and the public interest. Herein, under the direction and rules of the Balance Theory and Consideration Theory, the essay tries to divide the issues into the conflict between the writer and the public interest, and the conflict between the writer and the publisher, according to whether it concerns to commercial profits. And depending on different conflict, the essay tries to solve the problems in different ways: between the writer and the public interest, partly giving up of the copy rights and the public policy slightly sliding to the public, will get it evenly cooperated; between the writer and the publisher, firstly the publisher regulated by law as one kind of copy right law entity, encouraging the cooperated negotiation between the writer and the publisher-whatever beforehand or afterwards, and enhancing the efficiency of the authorization, will make it a win-win balance. Finally, the essay will discuss the digital copyright's situation both operating and the legal regulating in China, combining with the upper analyses, and try to give some advice to the Chinese digital copyright law making .
Keywords/Search Tags:conflict, balance, distribution, digital copyright
PDF Full Text Request
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