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Research On The Microblogging Network Copyright Protection

Posted on:2016-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:H B TaoFull Text:PDF
GTID:2296330467990178Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a social media network platform microblogging rapid development in China. Aftermicroblogging content creation, dissemination, use and other processes, naturally a series oflegal issues are breeding. Judicial practice has been found in cases involving copyrightinfringement microblogging network, the new communication technologies call for updatingthe legal concepts and legal systems innovation. However, a new problem has emerged,undeniable microblogging to our public cultural transmission provides a convenient way fora lot of information that we learn to share resources, and countless ideas to expand ourthinking, microblogging as a quasi-public platform which focuses on the nature of masscommunication network information rather than limit the spread of public culture. In orderto protect the creators of enthusiasm, we can not ignore and even sacrifice microbloggingcopyright owner of the copyright interest, in order to guarantee the realization of publiccultural sharing rights, we can not let the law be the application of the nature anddevelopment of a stumbling block to facilitate communication and network technologyscientific and cultural works of. So building a network microblogging copyright protectionsystem should adhere to balance theory, it is necessary to adapt to the new era of copyrightprotection microblogging platform, but also to ensure the realization of the copyright holderof public culture shared interests.In this paper, the connotation of the network of microblogging start, the nature of thecurrent network microblogging copyright-depth analysis, after analyzing the copyrightmicroblogging network conditions presented on the platform, the network microbloggingbody in the enjoyment of copyright law, copyright given its rights and obligations related tothe same time, based on the nature of cultural transmission network microblogginginformation should also assume the obligations of a public culture of sharing, copyrightholders should be part of the copyright claim rights reserved mode. And by induction of thestatus quo microblogging network copyright protection and problems, learn practical andlegislative experience abroad microblogging network copyright protection, offer suggestionsfor the construction of China’s microblogging network copyright protection system on theone hand, China’s microblogging network copyright legislation should adhere to theprinciple of protection of three basic principles: the principle of the unity of rights andobligations, the case with the principle of proportionality principle balance coordinationprinciple, the principle of pluralism relief ways. On the other hand, the relevant legislationfrom the copyright protection system of China’s microblogging network construction improvements in four areas: the establishment of a network microblogging constitutescopyright infringement liability basis, determine the scope of the evidence microbloggingnetwork copyright infringement, a clear standard of compensation microblogging networkcopyright infringement to establish a new network microblogging copyright infringementliability defense principles. To fully draw attention to the "micro" era of the "micro" attachesgreat importance to the infringement, and take reasonable way to achieve the protection ofprivate rights and the public interest in public rights share microblogging copyright ofmutual unity, to ensure the rights of the legitimate rights and interests of the works At thesame time a more comprehensive network microblogging copyright protection system topromote the creation and cultural heritage microblogging works to achieve the essence ofmicroblogging public dissemination of cultural sharing, and promote the healthydevelopment of this emerging information microblogging platform, to create a green socialnetwork environment.
Keywords/Search Tags:Microblogging copyright, Copyright infringement, Public cultural sharingrightst, Equilibrium theory
PDF Full Text Request
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