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The Protection Of Network Copyright

Posted on:2009-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:L DingFull Text:PDF
GTID:2166360245994641Subject:Law
Abstract/Summary:PDF Full Text Request
American futurist Alvin Toffler said: "The establishment of computer networks and universal human will completely change the mode of survival and life, network control and master the future and destiny of the people is the key." Who mastered the information, control of the network, will have the whole world. The interactive, open, and the sharing of resources of the internet, has brought a profound change for the dissemination and use of information. Because of the advent of the Internet age Copyright system are being unprecedented challenges. According to the characteristics of works using and spreading under the network environment this article to analysis and research briefly in the fields of the network copyright protection by the legal issues.The dissertation is divided into 7 parts except the introduction and conclusion.The introduction mainly explains the meaning of research and the problems as well as the research and thinking approaches.Part one is about the study of the legal issues that works digitalize. This section introduces the concept of digitalize and features ,then to research the legal attributes of the digitalize works. Finally, to explain the problem that the ownership of the digital works.Part two is about the concept and classification of network works. The object protected is Internet works. Creativity, fixity, practicability, and legality are still the basic components of Internet works, besides the particular attributes of the Internet. As long as compliance with the above characteristics of the work, should be protected by copyright law.Part three is about the content of Network Copyright. Network Copyright including mental and economic rights. In the network environment, moral rights are neither new nor is it static. To adequate protection to mental rights according to the characteristics of the network. Also known as the economic rights of property rights , refers to the author or other copyright holders are entitled to the use of works and the rights of the economic benefits. The purpose of the study is to not only to limit the blind expansion of Network Copyright, but also to pay more attention to the protection of the legitimate rights of authors.Part four focuses on the limitation of Network Copyright. To establish Network Copyright limitation system, on one hand, we should pay attention to the protection of the legitimate rights of the copyright holders , on the other hand we should limit the rights of copyright holders according to the characteristics of the Network.Part five is about the protection of the copyright infringement under Network environment. Internet copyright infringement, has many features, such as high-tech, hidden, scope, complexity, etc. Based on these characteristics, this part to research the problems that form of copyright infringement, tort liability attribution principles, as well as Internet content providers' tort liability issues.Part six concerns the remedies for Network Copyright infringement. This part introduced mainly on relevant provisions in international treaties and Europe and the United States, and analyzes the reality in our country. Finally I gave some advice about how to Improve existing Network copyright infringement relief system.Part seven is about several proposals of the Copyright protection in the Network. Through analysis to our Network Copyright system, which summed up the advantages and disadvantages, and to give some envisages to improve Network copyright system.
Keywords/Search Tags:Network, Copyright, Network Works, Right and Limitation, Network Copyright infringement, Legal Remedy
PDF Full Text Request
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