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Research On The Agreement Of Open Copyright License

Posted on:2013-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y PengFull Text:PDF
GTID:2256330401451047Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the digital network era, knowledge dissemination become the same importantas knowledge innovation. The popularity of the Internet makes the means ofinformation generation and transmission to be diversification, with the rapiddevelopment of replication technology, the cost of information diffusion has largelybeen reduced. However, in the traditional copyright system, academic journalpublishers operate with high business profits by its monopoly position, businesssoftware company has brought huge profits for software industry throughmanagement on excluding software source code from the public, which led directly toincreasing on the research development costs, and hindered the right of public accessto information to be realized.Agreement on the open copyright license has created a new mode of copyrightauthorization in the digital network era, aiming at accelerating knowledge sharing anddissemination, and promoting the cultural prosperity and development. Comparedwith agreement of the general copyright license, open copyright license agreement,which transfer part of property rights of the copyright to the public, aim at ensure thatpublic can access and use freely, the user who uses the protocol must also ensure tocontinue spreading and sharing work to the public under the open way. Agreement onthe open copyright license has features of the digitalization of works, irrevocable,authorized flexible and non exclusive, and according to the different on the bothparties of the agreement, we can divide the agreement into three patterns, includingknowledge sharing agreement, open publication license and open access licenseagreement.Open copyright license agreement, which was originally born in the softwarefield, has been applied to the licensing mode of the works of scholarship, software,blog and creative of art, and subject website and so on. CC copyright licenseagreement, which is consistent of four elements, including attribution,non-commercial use, prohibit the deduction and share alike, and providing six modesfor a user to select freely, is one of most important protocol version. CC copyrightagreement, an open-source license, open access to Academic Resources LicenseAgreement are the main patterns, which are all basically covers the rights andobligations of the parties, exemption clauses and guarantee liability in terms of content.Under the new media environment open copyright license agreement presentedidea of “some rights reserved”, has largely challenged the position of the traditionalcopyright licensing mode of “all rights reserved”. However in the booming wave ofthe open copyright license, the flaw of the protocol itself also gradually exposed, so itis necessary to think over the future development of the open copyright licenseagreement. As for the way to realize the ultimate goal of copyright law, opencopyright license agreement is as the same as other licensing model. As a usefulsupplement of the traditional copyright licensing model, open copyright licenseagreement has received the recognition and support of the software and academiccircles, which has laid a good foundation for its rapid development, but the protocolitself has limitations, so there are still needs for further improvement.
Keywords/Search Tags:Agreement on open copyright license, open access, open sourcesoftware, Route reflection
PDF Full Text Request
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