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Legal Protection Of Copyright In Works Among Cyber Environment

Posted on:2013-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:G Y GuoFull Text:PDF
GTID:2246330371980478Subject:Law
Abstract/Summary:PDF Full Text Request
Recognition and protection of copyright and some copyright law, as thedevelopment of human civilization to a certain stage of the product, since the date ofbirth has been a profound impact on the human creation and dissemination ofintellectual achievements. Today, with the vigorous development of digital technology,the network environment has become the premise of the seminar copyright. Copyrightlaw as implemented on copyright protection and implementation of the adjustmentalso quietly undergoing tremendous change. From the tangible material carriers andworks, copy it, spread out of the shackles of the past time and space, can be realizedin the world of interconnected network instantly. There is no doubt that the promotionof the Internet for the public to enjoy the intellectual achievements of great benefit,and also contributed to the widespread dissemination of the promotion of humancivilization, and it’s this should be to bring great convenience to the copyright holder.However, contrary to acts of copyright infringement in the network environment, likethe erosion of human civilization, the parasites are generally also found a newdwelling means adding more difficult to copyright protection. The same time, clearthe original boundaries of "fair use system” because the copyright owner exclusiverights based on some of the new network environment becomes more complex,making the legal protection of copyright in the Internet environment facing newchallenges.In this paper, a literature survey and comparative analysis, four chapters study thelegal protection of copyright in works in a network environment:Analysis of the exclusive rights of copyright in the network environment at first,divided into the right of reproduction and distribution rights, the right to networkdissemination of information aspects of the scope and variety of the proprietary rights,compared the right of reproduction and distribution rights in the network differentbefore and after analysis shows that have been made to network dissemination ofinformation rights of such a new right content in the network environment. Clearright to network dissemination of information in the "works" interactive communication several concepts of connotation and denotation.Then the infringement was discussed; only a simple analysis of the distinctionbetween direct infringement and indirect infringement under the premise of directinfringement, particularity for network violations mainly focuses on indirectinfringement. A comprehensive analysis of the classification and composition,according to its elements, is divided into: abetting and inducing others infringementand intentionally help others infringement, as well as the preparatory acts of "directinfringement" and lead to the behavior of the tort consequences expanded. As for thetypes of violations, and is divided into the following four categories: network serviceproviders to bear the indirect tort liability, search and link services provided byindirect tort liability, indirect infringement liability of online information storageservice providers, the P2P service providers Indirect Tort Responsibility. Which madea detailed analysis shows that indirect exposure to tort liability for infringement of themost common network services providerAfter the two parts mentioned above,the use of the system of "fair use" in anetwork environment was analyzed, constitute works of interest groups in thenetwork environment, the fundamental purpose of the "fair use" system applicable,but also related to the system’s structural adjustment."Fair use" system has alwayshad a very special role in the entire copyright protection system is a weight to balancethe rights of copyright owners, the public is understood as the copyright holder’srights transferable or for public policy reasons. Therefore, dedicates a chapter to thesystem to be seminars, hoping to find a more suitable system of "fair use" forcopyright protection system in the Internet environment.The last part is a combination of technical means, the legal protection ofcopyright of the author’s suggestions and look forward to. Copyright protection andinterests in the new environment is balanced, also need to advance with the times.Private relief for "technical measures" on behalf of the copyright owner, you needtimely legal recognition and regulation. For its significance, through the existingtheory and case of domestic and abroad, make a depth analysis in the paper. Point outthe great practical significance for the legal and social. Described the significance oflies, times the legal level, is a valuable quality, but also the power of the vitality of the law continues; the level of social significance, the tension of global resources andenergy for all to see. tangible material carriers of cultural works at the same timerestricting the propagation velocity of civilization also caused a lot of material andenergy waste, therefore, the dissemination of cultural works from the tangiblematerial carriers in digital form, the transfer of efficient, green The model isundoubtedly alleviate energy shortages and global resources make an importantcontribution.
Keywords/Search Tags:Copyright, Digital Technology, Internet, Legal Protection of Technical Measures
PDF Full Text Request
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