On The Balance Of Interests In Copyright Law

With the development of society changing for the better day by day,the importance of intellectual property appears gradually.Copyright is concerned and applied more and more for it gives full positive scope to economic development and society progress.In application of copyright,conflicts between copyright owners and other subjects occurs inevitably as their interests are different,therefore,train of thoughts and means for solving conflicts are needed.The thesis consisted of four parts Around the central problem—the balancing of interest in copyright law,and by the basement—rationale of balancing of interest in copyright law,the thesis expounded detailedly the cotent of the balancing of interest in copyright law,advanced the essential frame of structuring the balancing of interest in copyright law,and analysed detailedly the law regulationsi in force of the balancing of interest in copyright lawAmong the course of the economic globalized and under the network circumstance,in addition,the thesis expounded briefly the problems of balancing all interests which have relations to copyright law.In the first part, the author explains the basic theory of the balance of interests in the copyright law. After defining the interests and the balance of interests, the author clarifies the relationship between them and the copyright Law. The justice and the effectiveness are two important legal values .The principle of the law's second nature is embodied and specified in the Copyright LawThe second part is the most important one in the thesis. It points out that the copyright law should not only protect the copyright holders but also consider the public demand Using the game theory, it expounds the legitimacy and the necessity of the balance of interests in the copyright law When designing the mechanism of the balance of interests in the copyright law, it should not only consider subjects who are weighed but also should consider all kinds of power competences in dynamic operation of the copyright And this is the key to balance the interests in the copyright law.In the third part, it discusses major institutional arrangements. of the balance of interests in copyright law .In an underdeveloped society ,there are great needs for...