Research On Copyright Abuse And Its Legal Regulation

In the era of knowledge economy,governments of all countries set up the copyright protection system to protect their own interests,aiming to encourage creation and stimulate innovation by protecting the interests of creators.The practice also shows that the copyright protection system plays an extremely important role in the healthy development of copyright industry.At the same time,copyright rights holders abuse their rights by using the copyright protection system,forming a monopoly of rights,and the adverse effects brought by copyright abuse become more and more serious.Although the existing copyright law stipulates the systems of fair use,legal license and compulsory license to regulate the exercise of rights of copyright owners,there are still some problems such as the lack of specific principles of application and the lack of sound regulatory mechanism for various emerging problems such as the emergence of network platforms.Based on the general theory of copyright law and the anti-monopoly law system of China,this paper makes a comparative analysis of the legislative status quo and the long-term accumulated experience of the United States,the European Union and Japan,and draws the corresponding facts and references,laying the foundation for the improvement of the Suggestions in the following paper.The first part of the article through the general analysis of the abuse of the basic concept of copyright,constitutive elements and forms of expression to lay the theoretical foundation for the following narrative;The second part introduces the current situation of copyright abuse regulation in China from the perspective of copyright law and anti-monopoly law,and summarizes some problems in copyright abuse regulation in China.The third part introduces the system of regulating copyright abuse in foreign countries and summarizes the inspiration and reference of the system outside China.The fourth part puts forward the legal Suggestions to regulate the abuse of copyright by improving the fair use system and standardizing the technical protection measures to adjust the interest balance mechanism under the network background.To improve the application system of anti-monopoly law byestablishing the principles of using anti-monopoly law,formulating specific anti-monopoly law guidelines and establishing the anti-monopoly review information disclosure system;Through the establishment of professional law enforcement agencies and the establishment of a good faith mechanism for the abuse of litigation rights to establish a sound law enforcement and punishment mechanism,and finally through the introduction of knowledge licensing agreements and innovative governance model to improve the copyright abuse regulation to provide protection.This paper hopes to promote the healthy development of the cause of copyright abuse by establishing a set of regulation system of copyright abuse with anti-monopoly law as the core.