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Research On The Legal Issues Of The Copyright Operation Of Online Literary Works In My Country

Posted on:2020-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:J X ChangFull Text:PDF
GTID:2436330602951693Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the popularization of Internet technology and terminal technology,and the rapid rise of the online publishing industry and online trading platform,the copyright operation and protection of online literary works has gradually become a hot topic and has received extensive attention from the academic community.On the basis of coordinating and balancing the legitimate rights and interests of copyright owners of online literary works and the legitimate right to protect the public from using and using social intellectual achievements,the in-depth analysis and research on the copyright operation and protection activities of online literary works is the traditional copyright system.Facing the inevitable measures under the impact and challenges brought by digital information technology,it is also an inevitable requirement to conform to the development trend of the new media era and the development of socialist culture with Chinese characteristics.At present,in practice,the legal issues concerning the copyright operation and protection of online literary works are mainly manifested in the simplification of the copyright operation mode of online literary works under the collective management system,the operability of the network literary copyright pledge financing system and the copyright relief of online literary works.The three aspects of stiffening face new difficulties.The emergence of these problems has seriously affected the protection of the legitimate rights and interests of copyright owners and the healthy development and circulation of the copyright operation industry chain.After summarizing the above problems,the article based on the current legal system of copyright operation of online literary works and the advanced experience of foreign copyright management,in-depth study and discussion of the establishment of a variety of copyright operating systems for online literary works,refining the copyright pledge of online literary works.Financing standards and safeguard measures such as improving copyright remedies for online literary works.This paper is divided into four chapters.It is the core of the article to study the legal problems in the copyright operation of online literary works and the related solutions.Firstly,based on the analysis of the basic theory of copyright operation of online literary works,the research network is analyzed.The legal relationship of copyright operations and its operational value in the environment.Secondly,an in-depth analysis of the reasons for the problems in the copyright operation of online literary works.Exploring the defects of collective management system and the lack of copyright agency system from the perspective of singularity of copyright operation of network literature works under the collective management system;analyzing the dilemma of copyright pledge financing under the network environment from the perspective of poor operability of online literary copyright pledge financing system As a common dispute,the copyright remedy of Internet literary works is a common dispute,indicating the current situation of China's copyright relief and infringement.Then,the article analyzes the current status of the copyright operation system of online literary works and the experience that China can learn from,and then deepens the solution to the above three specific problems.Finally,with the support of the above analysis and argumentation,a comprehensive supporting proposal for the copyright operation and protection of online literary works is proposed.Through the rational use of the extended collective management system,the construction of the dual authorization mechanism for the coexistence of collective licenses and individual licenses,and the sound measures of the copyright agency system,the purpose of establishing a variety of copyright operation systems for online literary works is achieved;Incorporating the scope of the copyright pledge target,establishing a unified registration authority,and adopting the"registrationalism" and the copyright value assessment mechanism to establish and improve the specific countermeasures that the copyright operators often encounter in the network environment are solved systematically;The two measures to compensate for the infringement damages and give full play to the non-suitable remedies to improve the protection of the rights and interests of copyright owners.This provides constructive advice for the construction and development of the copyright operation legal system for online literature works in China.As a fusion product of traditional copyright and new network technology,the copyright operation of online literary works is an important measure for China's copyright industry to adapt to the development of the new era.The adjustment and regulation of legal issues also make the copyright industry chain of online literary works increase.The inevitable measures,the research of this paper has important theoretical and practical significance for the construction and improvement of China's copyright legal system and the formation of a healthy operating environment.
Keywords/Search Tags:network literature, copyright operation, copyright agency, copyright value assessment, copyright pledge financing
PDF Full Text Request
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