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The Study On The Protect Of The Copyright Of Micro-blog Works

Posted on:2014-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2256330401472046Subject:Law
Abstract/Summary:PDF Full Text Request
American writer ShelIsrael in his book "Twitterville" said:" We are in a transition period----a new communication era is to replace the old, dysfunctional communication. In the coming micro-blog promotion, communication era, if we haven’t been able to keep up with the pace of it, we may be abandoned by the times.""This is the best of times, it was also the worst of times", this sentence is perhaps the footnote to this era of precision. No need for reticence, we are in a great era of the contention of a hundred schools of thoughts, the development of network technology has spawned the development of new media, micro-blog is the birth o f the product of media age. Information dissemination way is fission in the micro-blog platform, the one is the "fan path", after A releases the information,A fans ABCD (to infinity)can all receive real-time information.; the other is "the forwarding path", if A think one of the micro-blog is good, he can "push" forwarding, then this information immediately synchronized to his micro-biog, at the same time, A fans1234(to infinity) can all receive real-time information, and then realize the speed of dissemination of information and so on. The point opposite to the instant communication appear in the micro-blog platform, make the individual sounds of mass communication to realize the vision. With the rapid development of micro-blog platform, China’s existing legal system of intellectual property behind and many disadvantages appears, it becomes very important to standardize the development of micro-blog platform. Currently, relief of copyright infringement micro-blog works mainly in accordance with the "right law" regulation of The people’s Republic of China Copyright Law, relief degree comparing with traditional copyright infringement damages discretion. But due to the severity of network tort consequences far beyond the reality of tort, this relief is too light to fully protect the copyright legitimate rights and interests of people.Micro-blog just a few lines, is there any copyright? How to protect the rights if the infringed happened? When the new media forms today, whether the traditional copyright specification can continue to use? This is the people who encountered micro-blog infringement may questioned. To protect the micro-blog copyright, the first step is to ensure the exercise of micro-blog users’copyright. Copyright mainly includes the personal right of copyright and the property right of copyright. Can say, protect the personal right of copyright of the micro-blog users is the premise to protect their other interests, if the personal rights system specification is not good work, other rights protection of the micro-blog users will always can only be empty talk.Discussion on micro-blog copyright in the work, has a positive and important significance of network information dissemination of new media forms. In view of the deficiency of China’s "copyright law" and other laws and regulations for the protection of works of micro-blog, the legislation should be improved from the following aspects:cancel the micro-blog anonymous system, perfect secrecy micro-blog users, set the "works" forwarding mechanism.Based on the theory of micro-blog and tort behavior analysis as a starting point, the existence of copyright works in micro-blog cognizance and protection problems are discussed, suggestions on protection and copyright micro-blog works right. A long micro-blog existence environment (more than140words), but this study is not the main specimen. Based on the140words of the micro-blog as specimens, from the writings of micro-blog work right theory, and the identification and analysis works micro-blog works infringement behavior, existing in our country’s micro-blog works copyright protection problem of reflections and suggestions for the protection of the right of our country micro-blog works, the theoretical background and practical situation of micro-blog attempts to elaborate works right protection, on the use and protection of the better regulation of the right of discourse in micro-blog platform, really enjoy the well-being of micro-blog media age.
Keywords/Search Tags:micro-blog works, copyright, infringement act, the Internet real-namesystem
PDF Full Text Request
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