Copyright Ownership And Utilization Of Research Dissertations

In recent years, the cases of dissertation copyright infringement occur from time to time. The cases usually involve many parties and the rights and objections between them always seem to be complex and difficult. This paper focuses on the ambiguity of dissertation copyright. Through studying several typical cases, this paper shows that the ownership of dissertation copyright is full of disorder. And then after analyzing the legal nexus between the involved parties, the paper draws a conclusion that the students are of the ownership. Based on the above study, this paper also pays attention to that how these dissertations are used in nowadays, and then figures out the universities’management situation on them, clear out the principles of infringement as well as the calculation method of tort damages. Finally, this paper provides a more useful and effective way to manage and make use of the dissertations.In current Copyright Law, it just has some general provisions on the copyright ownership, but not enough in details. On the other hand, the administrative department does not make sure the ownership belongings, which results that the universities take different view on this problem. This paper intents from the view of effective use, analyzing the legal nexus back behind, and clear out the ownership of dissertation copyright in the end. Basing on the conclusion of certain belonging, that the paper studies the utilization of the dissertations, and pick out some disadvantages in using and some infringement problems, which comes to make sure that what infringement principle should be applied as well as the different responsibilities. After all above analysis, this paper finds a way to settle the problem basing on the current dissertation management situation.As a dissertation, on one hand, it is the task of students for finishing their studies. On the other hand, it is also the important document for scientific research. For doctoral candidates, they sign the authorizing agreement which are offered by the universities, and agree to provide their papers to universities for using, just in order to promote academic exchange and the dissertations’better use. However, since the ownership of dissertation copyright is always being controversial, there is still a long way to dissertations’ effective use. From the time being, as the development of network and information, online reading and downloads become the main way of reading. How the students could make more use of their dissertation and protect their copyright in the same time,still needs a solution.This paper analyzes the ownership of theory dissertation in the field of liberal science,studying the belonging and the ways of using,and concludes that the ownership should be of students.However,in the field of scientific and engineering dissertations or graduation designs,the author reserves the conclusion. It should be a case by case situation.Only certain the ownership of dissertations,could they be used in a more effective way and border spread,which in turn would increase the positivty of students and quality of dissertations.It is the right purpose of this paper.