Font Size: a A A

Study On Interest Balance Of Network Copyright Protection

Posted on:2013-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:X G FanFull Text:PDF
GTID:2246330395952291Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the rapid development of Internet technology and wider application of an increasing number of Internet copyright disputes has aroused the attention of our network copyright protection. The face of the enormous impact of Internet technology to the traditional copyright system, the existing copyright protection system should change to a more reasonable balance between the protection of the interests of the copyright of the main parties in order to achieve the legislative purpose of copyright protection has become a national copyright legislation and judicial focus of the study. Of this study is the in the Internet era, network copyright reasonable protection.The legislative purpose of copyright law is the protection of copyright works, and encourage the creation of works and to promote the dissemination of works. By its very nature, the basic spirit of copyright legislation is based on balance the principle of a system of distribution of the interests of both copyright and the work users. This balance is not stable, and the interests of the different periods of regulation and redistribution, reflected the different interests of the reality, but in any case regulation and allocation, in line with the spirit of the basic principles of balance is permanently applicable. China’s copyright protection in view of the long-standing, there are some cultural and historical reasons, resulting in the balance of interests between the two issues and did not attract enough attention to its contradictions but with the popularity of the Internet has become more acute and prominent, the face of the Internet the enormous impact of technology to traditional copyright system, the existing copyright protection system should be how to change the academic community and various stakeholders in each other, there are large differences. In this paper, analysis and research on the conservation status of our current network copyright, from the development of relevant industries, the rational use of space and technical measures to protect these three areas of imbalance between the interests in our current network copyright protection, analysis and to explore the reasons for the imbalance of interests, pointed out some problems and misunderstandings network copyright protection in China in the legislative and judicial. Combination of network copyright protection system reform and development trends in other countries, I believe that the dissemination and application of the characteristics of the network works, as well as the changing times of the concept of copyright protection and China’s specific national conditions, China in the transformation of the age of the Internet copyright protection should be considered. Make the transition from the concept of protection, authorization, as well as specific legislative measures fully take into account the public reasonable access and reasonable use of the rights of the works, rather than to the emphasis of the copyright holder’s exclusive right to protection, in order to effectively balance the public and the copyright holder between the interests of the relationship.
Keywords/Search Tags:Network Copyright Protection, Fair Use, Interest Balance
PDF Full Text Request
Related items