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Research On China's Extended Licenses System Of Copyright Under The Background Of Internet

Posted on:2017-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:X Z YeFull Text:PDF
GTID:2346330485997868Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
The development of Internet and information technology has promoted the deman d for the use of copyrighted works, but also has made it easier to suffer from copyri ght Infringement. The introduction of collective management of copyright has solved t he difficulty in licensing and prevention of the infringement of copyright works to a c ertain extent. Indeed, copyright collective management organization works have occupie d the majority share of the works market, and can receive a good management of cop yright collective management organizations. However, the copyright works that out of t he management of copyright collective management organizations(the same as works of non-members) mostly only manage themselves by their own personal ability, which is not only stretched, but also create difficulties in licensing and prevention of infrin gement and so on. Therefore, in order to solve the non-member works problems, in o ur country, during the third revision of "Copyright Law", the proposed extension of co pyright licensing system is introduced. But academics and practitioners of this system have controversy. This dissertation holds that the extension of license system is an eff ective means to resolve difficulties in licensing and prevention of infringement for non-members at this stage work, and it aims to interpret the theoretical basis by researchi ng collective management of copyright system and extended copyright licensing system.This dissertation analysis negative evaluation in academics and practitioners, and learn legislative and judicial experience from developed countries in order to improve our copyright legal system, enhance the level of protection of copyright, and lay a solid f oundation for the prosperity of our culture.In addition to the introduction and conclusion, this paper is divided into four part s.Part I: the overview of extended copyright licensing system. This section mainly i ntroduction the origin of the topic. First, the author clarifies the meaning of the collec tive management of copyright and extended licensing system. Second, define the scope of the application of the copyright extended licensing system. Finally, introduce the t heory basis of copyright extended licensing system, and demonstrate the transaction va lue of copyright extended licensing system. Among them, the introduction of theoretica l basis for extended copyright licensing system is the focus in this section.Part II: the dilemma of building the extended copyright licensing system in the I nternet environment. The author firstly explains the research background, describes in i nternet background, difficulty in licensing and prevention of the infringement of copyri ght works especially for non-members work is magnified. Secondly, the author analyze s the different views during the third revision of the Copyright Law on introduction o f extended copyright licensing system, in order to grasp the truth and find the source of the problem.Part III: comparative study on extended copyright licensing system. This section d escribes the solutions to problems resulted from collective management of copyright an d extended licensing system of typical western countries which have developed cultura l industries and advanced legislation ideas by comparative study, to find the best wa y to meet our country's conditions.Part IV: advice for extended copyright license system. This part is based on the mechanism analysis of extended licensing system and comparison study with foreign c ountries foregoing, then put forward a sound proposal of Copyright Law, providing sol utions to problems of non-member works under extended copyright licensing system.
Keywords/Search Tags:copyright, copyright collective management, extended licensing system, non-member works, works market
PDF Full Text Request
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