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Research On The Behavior Of Private Use Of Digital Works

Posted on:2017-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:W H ChengFull Text:PDF
GTID:2336330488477944Subject:Law
Abstract/Summary:PDF Full Text Request
Under the digital technology environment, the traditional paper copyright is converted to digital copyright, digital technology has brought unprecedented impact to the copyright. However, digital works are easily copied and spread, A large number of non-commercial private copying and private communication behavior related to the interests of copyright owners have caused a great loss. In general,the private use of digital works can be divided into private copying behavior and private communication behavior. The relationship between the two is very close, private copying for private communication lay hidden, private private copying leads to the spread of flooding, It also will bring huge influence to music, movies and software of genuine market.Private use is equivalent to increase for their illegal downloads more source using P2 P technology, it also belongs to the tort.So, in addition to the private copying behavior is presumed to be the "implied license" is legal, other private communication and replication behavior are all constitute infringement.Through the reference, the legislation and practice of foreign countries, there are probably the following rules: legal means, technical protection measures and copyright compensation system, etc.Through the analysis above, the regulation means there must be some problems, not a permanent solution, in order to fundamentally solve the problem must be established and the system of collective management of copyright license.The most critical part of the system is to establish a reasonable payment standard and improve the cost of payment and distribution mechanism.
Keywords/Search Tags:private copying, private dissemination, implied license, collective management
PDF Full Text Request
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