Font Size: a A A

Territoriality Of Copyright And Its Conflict Of Law

Posted on:2008-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:N QiaoFull Text:PDF
GTID:2166360218460767Subject:Economic Law
Abstract/Summary:PDF Full Text Request
This paper is concerned with the territoriality, which is one inherent nature of copyright. The paper is divided into four parts to study the issue of territoriality of copyright and its conflict of law, using the method of concept analysis, historical analysis, economic analysis, comparison analysis and empirical analysis, and raises objection to the opinion that the territoriality of copyright has being diluted.The first part explains some concepts related to territoriality of copyright.The second part analyzes the territoriality of copyright from four perspectives, such as historical, economic and legal. As it is the nature of copyright to serve the state and capital, which is the real reason why the territoriality comes into being, international copyright protection will not stop state and capital from seeking interests.The third part deals mainly with territoriality of copyright in the network environment, with the conclusion that the complex Internet technology will not change the simple interest relationship.The fourth part of the paper focuses on the relationship between territoriality of copyright and its conflict of law. Even in the network environment, the conflict of law can also be resolved by traditional conflict rules.The paper comes to the conclusion that as a legal means of distribution of social wealth by state, copyright is characterized by territoriality. The territoriality of copyright can not be diluted with the development of international copyright protection and of Internet technology,nor with the acknowledgement that the conflict of law exists in the field of copyright.
Keywords/Search Tags:Copyright, Territoriality, Conflict of Law, Internet
PDF Full Text Request
Related items