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Research On The Copyright Protection Of Photographic Works Under The Network Environment

Posted on:2022-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y K YangFull Text:PDF
GTID:2506306509953589Subject:legal
Abstract/Summary:PDF Full Text Request
The advent of the Internet era has accelerated the transmission and exchange of information.At this stage,the combination of graphics and text has become a standard configuration in the process of information dissemination,and the demand for photographic works and the speed of dissemination have increased accordingly.However,the widespread and instantaneous sharing of information on the Internet also protects the copyright of digital photographs.Challenges were raised.First of all,the development and advancement of technology has made it easy for copyright owners to add technical measures for photographic works to be destroyed.It is difficult for copyright owners to control the illegal copying and dissemination of their works.It is also difficult for users to determine the true ownership of the rights in the process of using photographic works.Secondly,the authorization channel between the copyright owner and users of photographic works is not unblocked,which leads to the frequent occurrence of infringement of photographic works.In addition,it is not uncommon for image gallery operating websites to use the superior position of information in the transaction of photographic works to defend the rights of photographic works that do not enjoy rights,and to file lawsuits for profit-generating improper behavior.The emergence of these problems has destroyed the order of communication of photographic works in the network environment,and it is urgent to strengthen the copyright protection of photographic works in the network environment.This article uses the framework of asking questions,analyzing problems,and solving problems to study the copyright protection of photographic works under the network environment.The first chapter of this article puts forward the problems of copyright protection of photographic works under the network environment: the frequent occurrence of infringement cases of photographic works,the easy deciphering of technical measures of photographic works,and the prominent phenomenon of improper rights protection on photo gallery websites.The second chapter is the analysis of the cause of the problem:unsmooth authorization channels lead to frequent infringements,inadequate technical measures related to the regulations,the operability of the protection of technical measures is not strong,and the determination of the ownership of photographic works is too loose in the process of litigation.,The lack of transparency and concentration of copyright information during the transaction of photographic works together led to improper right protection of the gallery website.The third chapter is the extraterritorial analysis of relevant protection measures,introducing the protection regulations of foreign technical measures,collective management systems and the establishment of online trading platforms.The fourth chapter is the suggestion to solve the problem.Regarding technical measures,it is necessary to further clarify the relevant provisions of the protection of technical measures to strengthen the operability of judicial practice,and at the same time flexibly add exceptions to circumvent technical measures to balance the rights of copyright owners and the public interest.By improving our country’s copyright collective management system to solve the problem of the authorization of photographic works under the network environment,we can learn from the relevant legislative experience of foreign collective management organizations,change the monopoly status of copyright collective management organizations,and appropriately introduce an extended collective management system.Regarding the improper rights protection behaviors of photo gallery websites,strict review of the ownership of rights should be done in judicial practice,and the supervision of photo gallery websites should be strengthened at the same time.In addition,the opacity of copyright information during the transaction of photographic works can be effectively mitigated by the establishment of an online trading platform for photographic works,which can promote the efficient dissemination of photographic works in the network environment while reducing the number of infringements of photographic works.
Keywords/Search Tags:copyright of photography under the network environment, technical measures, collective management system, trading platform
PDF Full Text Request
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