The Influence Of The Interest Groups On Copyright Institutional Change And The Legislation Research

The history of the development of copyright is an expansion history. The historical trajectory of the copyright law expressed as the interests of the continued expansion of copyright owners. Copyright expansion is not an accidental, but results of multiple factors. Technological development is the original incentive of copyright expansion, Cultural prosperity is the realistic basis of copyright extension, Struggle and compromise between interest groups is the directly power of copyright expansion. The Copyright system have gradually evolved into the tools of controlling works to access and use dropped from the means of encouraging creativity, promote the sharing of knowledge dissemination and increase public servicePursuing the interest of the behavior of Interest groups play an important role in the promoting the development of the copyright system. However, research on the influence of the role of interest groups in the copyright system,result,impact and the Legislative Regulation issues, are very few devoted and lack systems research at home and abroad, Which it is the important theoretical and practical issue. To study this issue, will have a negligible significance to grasp the inherent mechanism of the copyright system and recognize the development law of copyright system, guide our country's copyright legislation, and even to further promote China's socialist cultural undertaking and cultural industries development and prosperity.Based on this, this article takes the development history of Chinese and Western copyright system as research starting point, launch the elaboration from four stratification planes gradually, Makes an understanding from multi-angles to the transition of copyright nature, To find out how the interest groups affect the development of the copyright system and analyze its advantages and disadvantages, explore how to be regulation in the legislation level, in order to sustain the interests of the copyright balance mechanism, and bring a bit of inspiration for the perfection of China's copyright rules. The research admission passage concrete as follows:First part:The development process of copyright system of Chinese and western under the influence of interest groups. This section based on the investigation of the history of copyright system to carding the origin and development of the concept of copyright, and explores the role of interest game and Study the rules of development of copyright.Second part: The way of Interest groups influence the development of copyright system.This part summarizes the way of the influence the copyright legislation of domestic and international interest groups, demonstrates multiple subject in the copyright system of expression of interest in the channels and methods by concrete examples. Copyright interest groups have the particularity way to influence the copyright system, mainly through the public campaign, legislative personnel bosses or turn to the elites, using public opinion or cooperation, and through the court think-tank litigation cases, formed into domestic and international alliance, etc, to affect the copyright system and to seek the copyright interests.Third part:The advantages and disadvantages of the development of copyright system under the influence of Interest groups. Positive influence in the main performance enables modern copyright idea, promote the establishment and improvement of copyright theory, strengthened copyright protection. Negative influence include the chaos of copyright system, the contradiction of copyright theory, Too much attention to investment weakened cultural creativity, knowledge monopoly, and culture colonial, etc.Forth part:Copyright system legal regulations. This part mainly discoursed from three aspects:legislative concept, legislative policies and specific legislative rules. in combination with the current situation of the development of socialist cultural undertakings, establish effective law system, to sustain the balance pattern of copyright interests and to stimulate the vigor of cultural creation and transmission. In the concrete system designs, the author thought can take copyright legal principle, strengthened the scope of the right of communication, breakthrough the basic structure "licenses+banned right" in tradition copyright. We should introduce the licensing system of copyright, expand the scope reasonable use of legal license, and reduce the copyright use obstacles.