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On The Perfection Of Reasonable Use Of Copyright System In The Network Environment

Posted on:2011-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:J HongFull Text:PDF
GTID:2166360302497218Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the technological development the computer and communication technology has combined together quickly. As a result, the global network environment is formed and our lifestyle and thought patterns are changed. The new technological revolution which caused by the digital technology and network technology affected the protection of copyright that originate from conventional printing times, On the one hand, some related system of the copyright law were innovated and on the other hand the copyright law faced with challenges and impact. The fair use system which was born in the conventional printing times play a lighter and lighter role on the benefit balance between the authors'and the users'and the public's. Our copyright law which used the exhaustion type of the fair use system has fallen behind the social's development and demand.In order to accelerate the process of the Fair Use System of our Copyright Law under the network environment, balance the interests of the authors, the public, and propagators, to improve the protection of network works and makes clear the standard how the public use the network works. The article is made base on the new features which the works present under the internet environment, by comprehensive comparison of available research results, benefited from the experience from foreign countries, in order to make clear the standards and the scope of application under the network environment. This article is tried to provide the way about our legislation on Copyrights, to prefect the Fair use system and reinforce the protection on intellectual achievement and various interests.This thesis is composed of six parts. The first part is the introduction, it mainly introduce the background of this topic and the way of thinking, and then I introduce a famouse piece of lawsuit about blog. Followed by the second part discussing the basic theoretical problems of the fair use system,this part is about the basic theory of the Fair use system.The third part is about how the network environment formed and the differences between the conventional works and the internet works.The forth part is about the puzzles which faced by the conventional fair use system under the network environment,.The last part includes two chapters which is the stage of how to resolve the problems under the network environment. The fifth chapter is about the foundation that how to prefect the fair use system under the network environment and the legislator must introduce the standard of the fair use system timely. The sixth chapter is the suggestions that how to prefect the fair use system and three common situations about fair use under network environment.
Keywords/Search Tags:Network environment, Fair use system, Benefit coordinating, Perfection
PDF Full Text Request
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