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On The Network Conflicts Of Interest And The Balance Of Copyright

Posted on:2007-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:B M HeFull Text:PDF
GTID:2206360185472398Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Copyright system was caused to appear by technology , from then on , the devolopment of technology has been connected with copyrght system. Copyright system has been three hundrend years, which has been developing in the way of interests balance- interests conflict-interests balance and so on.Man has gone through the era of printing copytright , electronic copyright, and now it is experiencing the era of copyright in the internet. There are new characters of copyright in the internet. The development of internet technology has given copyright system a great chellenge. There is severe interests conflict between copyright owner and users , such as ISP, digital library and so on, for two reasons . First, there are so many interests subjects and objects; second, there is a contradiction that information in the internet should be shared, and copyright in the internet should be monoplized.To be faced with interests out of balance, where will the copyright system go? First, the pinciple of interests balance should be appllied for many reasons. The pinciple of interests balance in the field of copyright has been existing for a long time; old and new international copyright laws have complied to the pinciple of interest balance. The most important reason is that the pinciple of interests balance is based on deep theory, namely, the public and social nature of works in the internet, and private nature of it; the presumption of the evil nature of human as well as the relationship between law and interests. Second, Limitations and exceptions should be provided, many ways of licence should be provided to , and reasonable fee should be paid to copyright owners by ISP. the focus is whether the traditional limitations and exceptions can be used in the internet .The relationship between education in the internet and fair use as well as how to resolve the conflict between techonogical measuer and Limitations and exceptions are especially cared about. American Technology, Education and Copyright...
Keywords/Search Tags:Conflicts
PDF Full Text Request
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