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Integration On The Right Of Communication Based On The Digital Environment

Posted on:2013-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:H YuanFull Text:PDF
GTID:2216330371492489Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The development of digital technology enrich the mode of transmission of the works, any work can be converted into digital form of communication. Compared with the traditional work mode of transmission characteristics of the digital mode of transmission has a comprehensive, interactive and efficient. Digital transmission has shaken the basic position of the right of reproduction, and control the spread of greater significance than the control copy. The impact of the development of digital technology on the existing copyright system, the national legislation, have different levels of response. The2001copyright laws,"especially the right to network dissemination of information and the Information Network Transmission Right Protection Ordinance was enacted in2006to accommodate the impact of digital technology on China's copyright system.Chinese current copyright law gives authors economic rights including the right of reproduction and distribution rights, the right of communication and interpretation of the right. The right of communication, including the right to exhibit, performance rights, theatrical rights, the right to broadcast and network dissemination of information, five kinds of rights together constitute the overall framework of the right of communication. The development of digital technology and network technology, works to spread through the network channels blurred the boundaries between the economic rights of all right of communication to a certain extent, the performance for the internal subset of the right of communication between the right boundary is fuzzy, content overlap situation. Some of the rights set very redundant, and many should be included in the dissemination of copyright protected content outside the law, this right of communication pattern is clearly not adapt to technology development structural improvement of the right of communication need.The right of communication integration is the need of the copyright system is the best path to a new round of China's copyright law to modify the needs of the development of cultural industries. The development of digital technology to the integration of the right of communication to provide the possibility, only to integrate the pattern of the right of communication to coordinate the conflict between the rights of the coincidence phenomenon. The integration of the right of communication theory is based on the delimitation of rights and the positioning of the bundle of rights of the rights of the border can only clear the rights integration. A very important practical significance for the integration of the right of communication to the right of communication integration to maintain the existing legal system is relatively stable, integrated system enhances the operability of the law, to facilitate the carrying out of judicial activities, and integration through the right to improve the right of communication system, conducive to the prosperity and development of cultural industries.To adhere to the principle of balance the interests of the principles and technology-neutral right of communication integration process. Interest is an important component of rights requirements, and technology development to break the original balance of interests, the digital environment, the need to re-confirm the integration of interests of all parties'mechanism. Closely related to the copyright system development and dissemination of advances in technology, legislation or changes in the law should always adhere to the principle of balanced interests. Specific integration of the right of communication should be based on our existing legal system for the grass roots. Specific ideas of the right of communication integration: the creation of a parallel with the right of reproduction and distribution rights-the right of communication, not included in the legal protection of network communication and Webcast to integrate into the broadcasting rights. Performing rights and theatrical rights integrated into a right to maintain the stability of the Information Network Transmission Right, remove the right to exhibit. The papers in this line of thinking based on the proposed amendments of the Copyright Act.
Keywords/Search Tags:Digital Technology, Right of Communication, Network TransmissionRight, Integrate, Changes in the law
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