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Researches On Image Copyright In China Under The Internet Environment

Posted on:2021-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y YaoFull Text:PDF
GTID:2416330605469039Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays,the behavior of photograph becomes commonplace,and the photographic works are also increasing.Internet technology transforms traditional photographic works into digital form,at the same time,there are also some images based on the Internet,they constitute the network images.The truth can not be revealed without any pictures.Pictures have become a popular way of Internet communication in this era.We can't get rid of pictures whether in news reporting,advertising,We media operating,or sharing our lives in personal social media.If there is demand,then market arises.So,various visual service companies and commercial picture libraries have appeared like mushrooms after rain.Some of them have adopted the model of acting on behalf of foreign commercial image libraries,such as China Visual.Some of them build an online trading platform for the image right holders and users,such as Hui TU Web.And some of them rely on their contracted photographers for contributions,such as Xinhua Image Web.These commercial image libraries are important parts of network image market,and they promote the development of this market.However,the copyright issue in China is becoming more and more prominent,in recent years,the number of picture infringement cases have almost increased in a straight line.The reason for this situation is obvious:the public in our country have not formed a good awareness of copyright and copyright trading,it is common for them to use network images without the permission of owners;the image market has great potential while it is not standardized enough;the system related to the protection of image copyright is not perfect.In April 2019,the Black hole image copyright event of China Visual broke out,which put the commercial act that commercial image libraries blackmail other enterprises in the name of copyright protection on the surface,and quickly raised a great discussion about the image copyright protection.Under the network environment,there are quantities of accessible network images,and the infringement acts are not easy to be found.All of these show that there are still many challenges in the way of image copyright protection in China.Starting from the background and significance of the topic,I analyzed the necessity of studying the network picture copyright in the introduction.Then I taked the method of literature analysis to summarize the research results of image copyright at home and abroad by consulting the data.In the second chapter,I summarized the current situation of network image copyright in China,and pointed out that although there are positive developments and bright prospects,the shortcomings and problems of network image copyright are still obvious.Then I analyzed the reasons that lead to the current situation of the network image copyright,and pointed out the protection measures for network image,in order to make the most comprehensive analysis for the situation of the network image copyright.In the third chapter,I used the case study method to make an intuitive explanation by combining with typical cases for the existing problems of image copyright protection from three aspects:the identification of image copyright owners,the reasonable use of network images,and the determination of infringement damages.In the fourth chapter,aiming at the three problems listed in the third chapter,some reasonable suggestions are put forward for the protection of network picture copyright by using the inductive summary method.In order to better protect the legitimate interests of copyright owners,we should adopt more strict evidence standards in litigation to identify the real image copyright owners,prevent the commercial image libraries from drilling legal loopholes,and destroy the market order of network pictures.We should also increase the application of the fair use rules,so that the rules can adapt to the development of network technology,and can also maintain the balance between copyright protection and social public benefits.It is necessary to make detailed provisions on the recognition standards of tort damages in order to deter potential infringes and reduce the occurrence of image infringement.In addition,we also need to improve the collective management system of image copyright,strengthen the supervision of commercial image libraries,improve the public's awareness of copyright,protect the network image copyright in many ways,and avoid the occurrence of infringement,so as to promote the vigorous development of the network image market and the social cultural field.
Keywords/Search Tags:network image, image copyright, copyright protection, the fair use, compensation for damage
PDF Full Text Request
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