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Research On The Influence Of 3D Printing On Copyright Law And Its Countermeasures

Posted on:2016-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:P WangFull Text:PDF
GTID:2296330479494517Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
3D printing is a direct manufacturing technology based on CAD, producing three-dimensional entities from bonding materials like plastic or metal powder by layer stacking cumulative way. 3D printing technology has broad application prospects and will have a profound effect on human social life, producing positive influences. However, people from all walks of life are coming to realize that 3D printing also brings some issues, especially copyright disputes. This thesis puts forward an analytical study of the problems as well as suggestions for solutions. Four chapters are included.Chapter 1 is an elaboration of research intentions and significance, introducing the concept of 3D printing, characteristics and prospects of 3D printing industry as well as a preliminary discussion of copyright disputes caused by 3D printing technology.Chapter 2 discusses some challenges of 3D printing to the current copyright law, including identifications and differentiations of the main works and practical works of art, damages to the balance of a rational use of the system, challenges to duplication rights and attacks on the direct copyright infringement system.Chapter 3 is a study of the foreign relevant legislations. The author introduces laws and principles about 3D printing copyright protection in such developed countries as Germany, Japan, Britain, France, Russia and USA. Focuses are on protections of works of applied art, the rational uses of the 3D printing technology, copyright infringement compensation principles and provisions on indirect infringement. Through a comparative study, the author brings some implications to the legal issues in China.Chapter 4 suggests solutions to the five problems put forward in Chapter 2. The first one is to construct a protection mechanism of works of applied art to draw a line between the patent law and copyright law, the principle of which is characteristic separation and isolated existence. The way is a further clarification of the 3D print practical attribute and that of art. The second one is to advocate a regression of the 3D printing object, which adapts to the current economic and legal development in China. The third solution is to build a new copyright system protecting both private rights and economic benefits by means of an open legislation. Based on the analysis of the feasibility and compatibility to introduce the copyright compensation system, the fourth solution is a suggestion of some concrete measures for establishing the copyright compensation system. Due to the defects and incompleteness of direct copyright infringement, the author systematically integrated the indirect infringement provisions and advises to make systematic rules and laws dealing with indirect infringement of copyrights. That is the fifth suggestion as a solution.
Keywords/Search Tags:3D printing, Copyright Law, Rational Use, Copyright Compensation, Indirect Infringement
PDF Full Text Request
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