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Copyright Protect The Vision Of Contemporary Novels In China

Posted on:2013-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhaoFull Text:PDF
GTID:2246330362969165Subject:Literature and art
Abstract/Summary:PDF Full Text Request
The development of reproduction and communication technology gave birth tocopyright. Copyright brings the value of works to effect mainly through the control ofreproduction and communication of expression of works. On one hand the strategycreates a public domain for the society; on the other hand it defaults the achievement ofthe value of the work is usually accompanied by the expression. Due to the diversificationof the value of the works and the ways to achieve it, the strategy that copyright protectsonly the expression does not always work. This is particularly evident in the manifestationof Chinese contemporary novel writing. With the development of digital and networktechnology, the creation, dissemination and the environment and method to use the workof Chinese contemporary novel writing have undergone tremendous changes. However,the separation of thought and expression has been resulting in the lack of protection andoverprotection of the copyright happening at the same time. The failure and alienation ofcopyright has a full range of expression in the evolution of the copyright system. There isno effective way to protect the new situations and problems arose from the perspective ofcopyright protection of contemporary novel writing so far, hence, it is necessary to build areasonable and feasible system to protect the copyright of novel writing. This article isproduced in this case. There are six chapters in this article which aim at the research ofcontemporary novel writing from the perspective of copyright protection.This article describes novel writing from the legal perspective is a kind of originalintellectual achievements which can be copied, but due to the commercialization ofwriting appears in practice, showing a new situation that the post adaptation and themedia to communicate has changed. The current focus in China is on the author rightprotection, thus, there is no comprehensive protection to the copyright ownership,protection period and restrictions.More and more voices tend to choose a new alternative measures to protect novelwriting, such as technical measures and free copyright. However, it is reasonable,practicable and necessary to protect novel writing by the copyright mode from threedimensions which are protection of the special nature of the object, the validity thatauthors enjoy the rights and copyright restrictions on the protection of public interest.The combination of novel writing and internet gave Chinese contemporary novelwriting a wider stage to show their charm in the new economy era, the authors alsoadapted to create in the digital age. However, it brings new problems to the copyrightprotection. The author has done some research of three typical issues on three creation stages of the copyright protection of Chinese contemporary novel writing respectively incombination with the three cases in the opening. These issues are the rights recognition ofmaterial provider on the prior stage, the scale of creation by using others for reference theintermediate stage and the development of deductive right on the last stage.Since China has joined the WTO, the copyright protection of novel writing shouldnot just limit to domestic, but the overall situation of the world. Also, there are some gapsto the Western countries due to a late start in the field of intellectual property in China.Therefore, we expect to find the road suited to copyright protection of novel writing inChina by exploring the conventions of international organizations and the practice ofother countries.In order to better solve the problems raised with copyright protection of Chinesecontemporary novel writing, it is imminent to explore a more ideal protection road. Theauthor attempts to build a protection system with the force of "autonomy" and"heteronomy"."Autonomy" is the basis for copyright protection of Chinese contemporarynovel writing; Novel writing is the originality of the intellectual achievements by authorswhich should be respected and protected. Respect and protect the copyright of others is areflection of personal qualities and also is a standard of being responsible for their selvesfor the readers. Autonomy includes self-discipline and supervision of authors, readers andindustry."Heteronomy" is a kind of guarantee of copyright protection in Chinesecontemporary novels. Protect the copyright of the novels needs both of the supervisoryand regulatory. Novel writing has a new look in the knowledge economy era, but alsogenerates new problems. There is an urgent need to create a new legal system to make upfor the legal gaps. Only the “heteronomy" on the basis of "autonomy" could better protectthe copyright, so that novel writing can be developed to create more master pieces ofhuman culture.
Keywords/Search Tags:copyright protection, material provider, creation by using others forreference, deductive right
PDF Full Text Request
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