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The Study On The Protection Of The Copyright Management Information

Posted on:2015-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2296330422992809Subject:Law
Abstract/Summary:PDF Full Text Request
The copyright management information plays an important role in the distribution,usage and the protection of the works. Under the environment of digital technology andnetwork, management information is easy to be infringed. The protection for the copyrightmanagement information initially prescribed in the WCT and WPPT. Though the systemof right management information was established in our copyright domain, our copyrightlegislation, in the aspect of protecting the right management information, still has somedefects and needs to be improved. Currently, all the researches of the copyright protectionin the network environment make mention of the protection of right managementinformation. Starting with the necessity of the protection for the right managementinformation, this paper focus on the deficiency of the protection legislation for thecopyright management information and put forward some corresponding suggestions,through the analysis on the extraterritorial legislation for the protection of rightmanagement information, to better realize the function of the right managementinformation. And the legal right of the copyright holder and the public could be protectedin the meantime. Thus the distribution and usage of the works are promoted and theindustries related with the copyright are developing.The first part is about the summary of the copyright management information. Itmainly discusses the definition of its attributes and the scope of the copyright managementinformation. What’s more, the necessity of the protection for the copyright managementinformation is analyzed. And the current legislation of our copyright managementinformation is elaborated in this part.The second part is about the specific elaboration of the infringement and liability ofthe copyright management information. Firstly, it analyzes the illegality confirmation ofthe infringement on the right management information. Secondly, combined with theinternational convention, the legislation of different countries and judicial cases, the infringements of copyright management information are specifically analyzed one by one.At last, it discusses the legal liability of infringing the right management information.The third part elaborates the limits of the protection for the copyright managementinformation. The deletion of the right management information could be made by the stateagency and staff performing their duties and by the inevitable consequence oftechnological reasons in the analogical and digital transportation process. From the abovetwo aspects, this part analyzes specifically.The fourth part analyzes the deficiencies of our legal protection for the copyrightmanagement information in the aspects of patterns, the standard content and its relationswith fair use and so on, through the research of international convention and the legislationof different countries. Based on the lessons of the internationally advanced legislation inregard to the protection for the right management information, it puts forward thelegislative suggestions on the protection for the copyright management information in ourcountry.
Keywords/Search Tags:Copyright management information, Civil responsibility, Limitations and exceptions, Reasonable use
PDF Full Text Request
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