The Conflict And Coordination Between Copyright And Public Learning Rights

Copyright and public learning rights are two related rights.However,due to the excessive protection of copyright and the weak protection status of public learning rights,the realization of public learning rights is difficult,and some conflicts between copyright protection and public learning rights have arisen.Between countries,the lack of "balance of value" made "north-south divide" of the public right of learning,and the alienation of copyright protection object also hindered the rights of indigenous people to participate in cultural life;Within a country,excessive protection of the copyright has hindered the library public welfare institutions play a role,fair use system of restrictions has reduced the public way of learning,protection period extended has hindered the public learning exercise of the rights,and protect the object of study irrational expansion leaden to the high cost of study.The main reasons are conflict of interest,change of copyright system,development of human rights system,unfair distribution of right of discourse and conflict of legal effect.For a harmonious development of the two,this paper puts forward some relevant coordination suggestions from both theoretical and practical aspects.On the theoretical level,the theory of "human rights first" and "balance principle" are discussed.In "human rights priority",the conclusion that human rights should be given priority is obtained by denying the legitimacy of copyright.And the reason for balance is the understanding of the theory of the contract and the theory of the price.In practical level,It requires that both the right to study and the copyright of the public can be reasonably protected.The first is to learn right itself needs to improve and perfect the right of learning from the method of "soft law",setting up the judicial relief system of human rights and seeking international treaties of human rights protection in three aspects;Secondly,developing countries need to protect and establish the interests of developing countries from the legal protection of traditional culture and other advantageous industries to enhance their own right of speech.Final at the national level,we can improve the mechanism of human rights protection andfurther restrict the copyright and innovative copyright management mode.