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Study On Law Issues Of Continued Works

Posted on:2019-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
GTID:2416330590489623Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of original literary fictions,infringement cases caused by continued works continue to appear in judicial practice.In 2017,XuanTing v.ZhangMuYe infringed copyright and unfair competition cases is a typical case of these disputes.This article takes relevant cases as a starting point to study the related legal issues of continued works.Chapter one is a part of bringing up issues.This section mainly introduces and analyzes the facts,judicial process,and results of relevant cases.Then,these cases inspire for some questions that should be noted on the protection of continued works.Chapter two mainly introduces the concept and classification of the continued works,and analyzes the succession of the works in the right of authorship,the protection of the integrity of theworks and the infringement of the copyright property of the original copyright holders.Chapter three introduces the scope of protection of works by the Anti-Unfair Competition Law,and analyzes whether the continued works using the similar title of the original work constitute unfair competition.At the same time,it discusses the constitutive requirements of the “free rider” behavior and whether it violates General provisions of Article 2 of the Anti-Unfair Competition Law.Chapter four conceived ideas for the balanced development of continued works and original works,and introduced fair use concept and creative commons licenses.
Keywords/Search Tags:continued works, dichotomy of ideas and expression, unfair competition, creative commons licenses
PDF Full Text Request
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