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Research On The System Of "Transformative Use" Of Copyright

Posted on:2021-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LiFull Text:PDF
GTID:2416330620963764Subject:Law
Abstract/Summary:PDF Full Text Request
This paper starts with the case of copyright ownership and infringement dispute between Wang Shen and Beijing GuXiang information technology co.,LTD.,etc.Will it is the first domestic Google case of first instance and second instance verdict of digital library,some related to copyright transformation using the information network dissemination behavior and full-text copy behavior were analyzed,and the discussion whether the two kinds of behavior constitutes infringement,analyzes the process of using defenses against defendants use transformation of this kind of case in the United States and the legal judgment,etc.,in order to practice on multidimensional perspective expound the use system of copyright transformation.Secondly,this paper introduces the theoretical basis of copyright conversion use and the influence of copyright conversion use on the reasonable use of copyright in China and the United States from a theoretical perspective,laying a foundation for the comprehensive analysis of copyright conversion use.On the analysis summary suitable effect aspect of copyright "transformation",mainly through to the live webcast class in Shanghai Yaoyu culture media co.,LTD and Guangzhou bettas network technology co.,LTD.Copyright infringement and unfair competition dispute,parodying reshape kind of Jinyong v.Jiangnan copyright infringement and unfair competition dispute,Shanghai art film studios and culture communication co.,LTD.,Zhejiang is Huayi brothers Shanghai theater management co.,LTD.,infringement of copyright ownership,dispute and network information of copyright infringement dispute with yahoo company Wang several cases analysis,It is concluded that it is feasible to introduce the rules of copyright conversion in judicial practice.Then the advantages and disadvantages of China's fair use system are analyzed and enumerated,emphasizing the flexibility and uncertainty of the copyright conversion use system and its substitute value to China's copyright fair use system.Finally,in view of our country and the United States and the legal system and so on various aspects of different conditions,and the thought transformation use system in our country should not be completely introduced for copyright,but should be based on the statusquo of copyright fair use system in China,to determine the range of fair use system in China,at the same time in law shall explicitly introduced the components of the system used in copyright transformation,the introduction of mode and the main content,makes it the perfect our country copyright fair use system is an important part of.
Keywords/Search Tags:Copyright, Transformative Use, Fair Use
PDF Full Text Request
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