Study On The Application Of The Creative Commons License In China

The Creative Commons License is a new pattern of licenses in copyright. How to correctly solve the Application of the Creative Commons License in our country is related to its smoothly application in china. The resolution of this issue will make our copyright law better to achieve the purpose of the legislation.The paper mainly uses the method of logical analysis, Supplemented by contrast, examples, analysis of network resources research methods to analysis the elements of the Creative Commons License, the applicable situation, the legal basis of China, its elements of application together with its disputes in application and solution etc.The paper is consisted of five parts. The first part is on the development process, a legal basis, the basic content of the Creative Commons License and its application in our country. It is the foundation of further study; the second part of the agreement is about the legal basis of the Creative Commons License on the application in china. The application of the Creative Commons License is suited with Chinese laws, such as the constitution, the copyright law and the contract law. Therefore the application of the Creative Commons License has legitimacy. To ensure the effective of the Creative Commons License applies and promote to achieve its value, the parties should also follow the principle of voluntaries and the principle of legality; the third one expresses the applicable elements of the Creative Commons License, These factors directly determine if it's applicable and how its effect is, it is the focus to study the application of the Creative Commons License; The fourth one is on the form of legal disputes caused by the application of the Creative Commons License. To make licensor has a clear understanding of the legal risks. Meanwhile, this part also focused on the user's legal consequences when breach the Creative Commons License; on the basis of the former four-part analysis, Part fifth makes specific recommendations on how to improve the application of the Creative Commons License in China. These include the Creative Commons License itself, the qualification of the licensors, the application of specific works, how the court to confirm the validity of the Creative Commons License and so on. So could better promote the smooth application of the Creative Commons License in China.