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Research On The Copyright Protection Of Orphan Works

Posted on:2018-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y XieFull Text:PDF
GTID:2346330515494803Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Orphan works refers to the work in the copyright protection period,the potential works of people through hard work to find,still can not find the work of copyright owners.The popularization and extensive application of Internet technology and the construction of digital library have fundamentally changed the way of transmission of works,and changed the way of traditional works such as copying and issuing as the main carrier.The works of the main body of the grass to the grass,the creation of works is completed,through the Internet and the rapid spread of the orphan works more prominent problem.Balance the interests of potential users of orphan works and the copyright of the orphan works,construct a copyright protection system that conforms to the international conventions on intellectual property rights,the basic principles of copyright law,and the practice of orphan works in their own judicial practice,promote and promote cultural exchanges and widespread In various countries on the orphan works copyright protection system design problems.China's current legislative system lacks the complete design of the copyright protection of orphan works,and can not solve the problem of orphan works encountered in judicial practice,so that the use of works by the orphans can be used in the dilemma.The use of works will not be able to complete their own creation.Leading to orphan works potential users and orphans works between the copyright owners of the imbalance is not conducive to cultural exchanges and extensive communication.It is realistic and urgent to construct the copyright protection system of orphan works which conforms to the international intellectual property conventions,the basic principles of copyright and the judicial practice of our country.This paper is divided into four parts:In the first part,the definition and characteristics of orphan works are analyzed.The orphan works are classified from the basic perspectives of orphan works,orphans and copyright owners.It also analyzes the causes of orphan works from two aspects: legal reasons and non legal reasonsIn the second part,the paper analyzes the necessity and urgency of the protection of orphan works in the digital environment and the typical domestic and foreign cases of orphan works in the digital environment,and constructs the copyright protection system for orphans.Make bedding.In the third part,the author makes a comparative study on the legal provisions of the protection of copyright in orphan works in the world's major countries and regions,and analyzes their advantages and shortcomings to provide reference for the construction of copyright protection system for orphans in China.The fourth part,based on the previous analysis of the current situation of legislation on the legislation of orphans in China and the draft revision of the copyright law on the protection of the copyright protection system of orphans works,draws lessons from the experience of foreign orphans' works,and establishes the basic principles of the choice of the legislative model of copyright protection for orphans.And strive to find in line with international intellectual property rights,the basic principles of copyright law,as well as our judicial practice of orphan works protection system.And puts forward their own suggestions on the construction of copyright protection system for orphans' works and the auxiliary measures.
Keywords/Search Tags:orphan works, potential users, orphans works copyright owners, balance of interests
PDF Full Text Request
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