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The Research On Compensation System Under The Balancing Mechanism Of Network Copyright Interest

Posted on:2013-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y J HuanFull Text:PDF
GTID:2246330374489243Subject:Law
Abstract/Summary:PDF Full Text Request
Copyright compensation system refers to the protection of copyright interests, balancing the interests of all parties, in accordance with the law, according to equipment sales price, the works spread, copy, use of equipment manufacturers and media pay a certain proportion to copyright collective management organization, compensation for subsequent works copyright subject to control reproduction, propagation loss suffered by the cost of compensation system. There are three kinds of explanation, which are legal, compensation, tacitly. Copyright compensation system as the principal balance of the interests of all online copyright parties in digital age in legal mechanisms, can achieve a reasonable distribution of benefits between the main body and the work of the main transmission of copyright works, prevent the abuse of rights and impair the main interests of copyright. It has be adopted by Germany, the United States, France for its important role in balancing regulatory. The digital age has created more digital technology, replication, transmission, download, use, which are convenient, fast, perfect technology, the traditional copyright protection faces enormous obstacles, the mechanism of balancing of interests imbalance, network copyright protection legal system supply in trouble, and a new copyright regime is in urgent need. Copyright compensation system can achieve the interests balance of network copyright parties, promote copyright protection, encourage work distribution and use, achieve the interests of copyright owners, China can introduce the copyright compensation system. Copyright compensation system can break the bottleneck problem of traditional copyright protection, alleviate the copyright owners’exclusive rights and public access work right conflict of interests between the copyright systems effectively. It is the development of internal demand of the copyright system. The construction of the copyright compensation system in China has its own value and practical significance. Through the improvement of the copyright law system, expand the right of information network dissemination in network communication concept in the interpretation of copyright law in twelfth of ten. Determine the scope of compensation, expand the network spread by human behavior to the unconscious communication behavior of the network communication equipment, clear copyright should be entitled to the spread of remuneration rights to enjoy the network communication equipment manufacturers, distributors and consumer users pre-pay interests of and dissemination costs. Through the improvement of copyright management organization and network copyright relief way can balance the interests of all parties effectively.
Keywords/Search Tags:network copyright, benefit balance mechanism, compensation system, copyright law
PDF Full Text Request
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