Study On The Balance Principle Of Copyright Interests

The balance of interests is also referred to as the balance of interests,which is the state of relative peaceful coexistence and relative balance of interests in a certain interest pattern and system.The balance of interests is not only a legislative principle,but also a judicial principle.Laws,rules and institutions are based on the balance of interests.In the legal layer,balancing of interests is refers to the "by the authority of the law to co-ordinate and conflict factors,make the benefit of the parties involved in the coexistence and compatible optimize the reasonable state,on the basis of the principle of balancing of interests is the key to dealing with civil and commercial matters between,the software copyright shall adhere to the principle of balancing of interests.But in the present situation of the software copyright in China and not fully implement the principle of balancing of interests,in this paper,the concept of benefit balance principle,the basic meaning of the software copyright,through the perspective of jurisprudence,economics perspective and analysis of the software copyright shall strictly follow the principle of balancing of interests.In argument,after the basic concept of the second chapter mainly discusses the principle of balancing of interests of software copyright meaning and still the theory did not understand the theory of frontier hot spot,has practical research significance and worth studying.Combining with the principle of balancing of interests in the manifestation of the software copyright system,through the software copyright owner and social public interests of balance,the software copyright holder and the user several aspects of the balance of interests between the manifestation of the software copyright interests balance.In the third chapter,this paper discusses the problem of copyright in implement the principle of balancing of interests in our country,embodied in our country at present has not really reflect the interests balance principle,protect the interests of the software copyright holder too,cause both interests are not balanced,not fully carry out and implement the principle of balancing of interests.In the first three chapters in the fourth chapter,on the basis of the analysis and argument,put forward the principle of balancing of interests in the software copyright fair use system must implement and perfect the legislation,use legal means to clear the rights and obligations of both sides,interests,and control the user use cost,to achieve the interests balance,reasonable division of the software copyright interests balance and perfecting the way such as golden section point.