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The Conflict And Protection Between Adapted Works And Original In Copyright

Posted on:2017-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:J C LiuFull Text:PDF
GTID:2296330503984449Subject:legal
Abstract/Summary:PDF Full Text Request
This paper attempts to explore the copyright of adaptation of behavior and theory building, to find in our law practice and theory of adaptation rights applications and understanding. To find copyright by combining our market economy status and value of cultural prosperity and development of the market based on this new direction to make modest. Article will use historical research methods, context research methods,case studies, comparative research methods and other research methods to expand research on adaptation rights. To reflect the practical effect of the article, we will use a large number of cases were reasoning or comparisons. At the same time a large number of references to authoritative data issued by the State, based on the analysis of the data determined that copyright protected in our country the necessity and urgency.On this basis, we hope to do with the combination of reality and does not live up to the law practice as a regulating force of social relations role.This article will be divided into five parts. The first part briefly describes the birth of copyright law and the history to show Copyright Law on Copyright Protection expansion and squeeze on the public domain, then found the risk of copyright disputes,according to statistics released by the national authorities. The basic concept of the second part will be adapted to elaborate. The third part will focus on the adaptation of the conflict between the right to work with the original, this chapter will be described using a large number of cases, judicial practice from the start, in order to better reflect the practice of law. The fourth part introduces to the original protection, followed by the protection of unauthorized adaptations theoretically sort, given the legislative recommendations and the creator of self-protection again. The fifth part is the conclusion, the author will be a brief summary of the article in this section, while expectations for the prosperity of China’s proposed cultural industry.Thus, the wording of the article generally will be closely integrated with the topic of the protection of conflict. Which is used not only to the case of our country,but also the use of foreign case conclusions, in order to achieve the purpose of comparison, refines guidelines for China’s judicial practice.In this paper, in addition to the use of a large number of cases, but also combined with "People’s Republic of China Copyright Law(draft revised draft)", on the "draft" with the adaptation rights related to content analysis and comment.
Keywords/Search Tags:adapted works, conflict, the protection of right, the balance of interests
PDF Full Text Request
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