Research On Restriction Of Copyright Expansion

Copyright expansion is a double-edged sword.Although it brings more benefits to copyright owners,it also shows its limitations.In a strict sense,copyright is not equal to general private rights,and should be subject to many restrictions.However,copyright does not expand in accordance with the rational path,but it has its own alienation to the opposite of copyright system.Blindly expanding the scope of copyright will make the copyright system become a tool for profit.The precondition of Locke’s labor property theory is that the legitimacy of the private right of copyright must be satisfied.Without rich public domain,the private right of copyright will eventually lose its reasonable basis,so the expansion of copyright must be limited.This paper is mainly divided into four parts.The first part introduces the research background and significance of the limitation of copyright expansion,literature review at home and abroad,research content and research methods,which paves the way for the whole article.The second part combs the connotation and performance of copyright expansion,and further grasps the copyright expansion from its proposition,historical evolution and causes This paper discusses the specific manifestations of copyright expansion,including the expansion of copyright power,the expansion of copyright object,the expansion of copyright term,and the expansion of copyright technology measures.At the same time,it introduces Locke’s preconditions theory,outlines the connotation of Locke’s preconditions and its embodiment in the copyright system.The third part further analyzes the impact of copyright expansion on the copyright system in view of the phenomenon of disordered expansion of copyright The expansion of copyright not only threatens the value level of copyright system,weakens the target value of copyright,but also affects the right attribute of copyright system,neglecting the dual attribute of copyright system.The fourth part is Locke’s precondition that the possession of copyright should leave "enough and good" things for others in the public domain,which also provides a reasonable basis for the limitation of copyright expansion According to.Under Locke’s preconditions theory,the legitimacy of copyright expansion restriction lies in leaving enough public domain for the public,maintaining the balance of interests among the subjects,realizing the target value of copyright system,and realizing the parallel of the private right attribute and the public right attribute of copyright.Copyright expansion restriction can not affect the realization of the legitimate rights of the copyright owner.The claim of copyright expansion restriction requires paying attention to copyright protection Finally,according to the performance of copyright expansion,the paper putsforward the specific path of copyright expansion,including the expansion of technical measures,the expansion of copyright duration,the expansion of copyright object and power.