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Analysis The Plight Of Copyright Owners' Rights Safeguard Under The Network

Posted on:2019-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y W WangFull Text:PDF
GTID:2416330548975487Subject:Law
Abstract/Summary:PDF Full Text Request
Since the rapid development of internet in China,the digital information age has brought great convenience to users,at the same time,it brought new challenges for the protection of intellectual property rights also.Network is the most powerful tool for reproduction and dissemination since typography has spread,it has lower cost,stronger reproduction and higher virtuality,the network has accelerated the flow of information,which makes the copyright under the network environment changed the way of generation,dissemination and use.The high efficiency and low cost of reproduction greatly stimulate the infringement of intellectual property rights.In recent years,the intellectual property disputes caused by the network have been dissension,especially in the field of copyright.While the Internet is instant,interworking and changeable,it convenience the infringer,has been a difficult problem for the copyright owners.Based on this,this article collected the verdict of 2017 about internet copyright disputes,analysis the reasons why copyright owner would not choose to be in court,and combine with practical and relevant experience,trying to help the copyright owners to walk out of the plight,and establish a sound cycle under network environment of copyright protection.The introduction part summarizes the significance of this thesis,the research status,research methods and innovation of copyright protection under the network.With the development of the cultural industry under the internet background,the friction between the traditional copyright law and the new technology is increasing,it brings many problems to the copyright holders to protect their rights.Many scholars have a lot of views on this.From the point of view of the tort,they analyze the plight of the copyright owners and their solutions in judicial practice.But most of them are based on the discussion which comes from the macro field,and haven't analyze the reasons for the copyright owners' dilemma from the micro perspective.Based on this,this paper mainly uses case analysis to study the protection of copyright.The first part mainly through the collection of the judgment and based the statistical analysis,from the macro perspective,under the network,the copyrightowners performed inactive in judicial action.The second part,through analyzing the cases,gets the reasons why copyright owner's would not chose to safeguarding rights.Under the network,in the process of choosing the way to protect right,due to the copyright owner is faced with the burden of proof,the small amount of compensation,and the high cost of safeguarding rights in lawsuit.Therefore,based on the characteristics of the network,copyright should also keep pace with the times.The third part is related to the suggestion to the copyright owners who faced the dilemma.The electronic signature and timestamp combined to proof copyright ownership,with instruments proposed command system to reduce the burden of persuasion,in the process of litigation,jurisdiction should be changed,use a variety of ways to determine the facts and evidence to reduce the burthen,and increase the amount of compensation,to create a good environment and a variety of ways to copyright owner,alleviate the lawyer reluctant to lend himself,the authors unwilling to make a lawsuit from the source,in order to give more comprehensive protection to copyright.The conclusion is about the problems of copyright in the network environment,and to sum up the relevant countermeasures.The copyright law in the Internet age only adapts to the development of new technology,reduces the burden of copyright owners from the judicial aspect,and creates a social atmosphere of intellectual property protection,so as to reduce the worries for copyright owners and achieve the legislative purpose of copyright law.
Keywords/Search Tags:copyright, internet environment, written works
PDF Full Text Request
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