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The Analysis Of Copyright Statutory Compensation System In The Digital Environment

Posted on:2014-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhangFull Text:PDF
GTID:2266330422463999Subject:Law
Abstract/Summary:PDF Full Text Request
The copyright statutory compensation system is a special arrangement in copyrightprotection system,It is the product of the practice of national legislation In Germany asthe representative of civil law countries and the most common law,it acquired Universalimplementation in some countries with a high level of protection of intellectual propertyrights.In the era of simulation technology the system has eased the tensions between theinterests of the copyright owners and the individual consumers who accessed the workthrough the private copying,finally achieved the balance of the interests of the copyrightlaw.Apart from the introduction and the conclusion,This article is consists of threechapters.The first chapter is about the origin and development of the statutory compensationsystem.Firstly,introduced the origin and development of the compensation system inGermany;Then,analyzed the system in theory,mainly about legal attributes、connotationsand reasonable analysis;By theoretical analysis, described the use and implementation ofthe system in a wide range in other countries.And the United States and Japan as anexample.The second chapter is about the copyright statutory compensation system under thedigital age. the digital environment,the compensation system faces theoretical challenge,its defect faces controversy in practice,theimpacts of the DRM;Followed by analysis of thereasonable value of the compensation system in the digital environment, the compromiseof the system itself, the system can not be replaced, discusses the importance of thecompensation system in the digital environment;Lastiy about the reform and improve ofthe compensation system, then proposed the system policy and technology policy of the compensation system to respond to the challenges of the digital environment.The third chapter is the import of the compensation system in our country.Firstexpounded the necessity of of import compensation system in China;And then examinethe reality of the system of China’s copyright law and collective management, pointed outthe feasibility and shortcomings that China’s import compensation system;Finally,proposeideas to the establish of compensation system in our country,Mainly from legislativemode and run mode.
Keywords/Search Tags:Copyright statutory levy, Digital environment, Private copying, Balance of interests, Fair use
PDF Full Text Request
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