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Study On The Balance Of Interests For Copyright Protection In Network Environment

Posted on:2013-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:X Y TangFull Text:PDF
GTID:2296330371472197Subject:Civil and Commercial Law
Abstract/Summary:
Balance of interests is the basic spirit of copyright system.It is the balance between private interests and public interests, which also is a certain condition for being harmonious as a result from the copyright benefit parties’ interest games and compromise. The advance of digital technology accelerates the spread of works, and it also separates the works from physical carrier and crosses the limit of space and time, at the same time it breaks the original interests structure of copyright system. Copyrighters’rights further extend to the digital environment, and internet service provider appears as a new media and promotes the further spread of works. Users have enough ability to copy and distribute works so that they can compete with traditional media. The expansion of the copyright interests, especially the use of technical protection measures reduces the scope of the public domain. At the same time, the Copyrighters suing to internet service provider increases the latter’s burden. Based on the economic benefit caused by network transmission, internet service provider gradually formed a community of interests with the user. And also because of the different interest demands, copyrighter launches a "fierce" interest game with internet service provider and user.This paper focuses on balance of interests of copyright system, based on the benefits of the copyrighter, internet service provider, and the user. It aims to provide a new direction by discussing how to achieve the balance between the three main body and the two groups.
Keywords/Search Tags:network environment, balance of interests, copyrighter, internet service provider, user
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