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Research On Issues Of Copyright Implied License

Posted on:2015-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:W H ZhangFull Text:PDF
GTID:2266330428471610Subject:Law
Abstract/Summary:PDF Full Text Request
As the Internet develops, appropriate legal systems need to deal with the efficient spread of compositions. The traditional license systems constitute by authorize license, fair use, statutory license and compulsory license. They all have advantages, however, they are sick of dealing with "massive license " in the internet age. Implied license is a kind of license in the same status of statutory license in some countries, however, in China, it has existed but not been valued much and its legal status has not been specified.As cases on infringement of internet copyright grows, more and more attention are payed to implied license theory. One example is professor Shuwen Mei’s research on perfecting of the implied license system in the area of information network transmission right. His research focuses on the area of information network transmission lacking a comprehensive perspective to implied license, this paper focus on the implied license on the copyright area, pointing out some problems in the existing system like the too narrow scope, the lack of standard of the system, the lack of specific design and the lack of unified logical system. To solve these problems so that implied license system could adapt to the social development, I made suggestions including widening the scope based on the copyright, Clear the standard of implied system, especially protecting the copyright holder’s right on some way and so on. Anyway, the final goal is to solve the problems in real life like the "massive license" and protect people’s benefit in copyright better.
Keywords/Search Tags:copyright, implied license, legal system
PDF Full Text Request
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