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Research On The Copyright Issues Of Compilation Works In The Era Of Big Data

Posted on:2022-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:W L YuFull Text:PDF
GTID:2516306458996089Subject:Intellectual Property Law
Abstract/Summary:PDF Full Text Request
In the era of big data,data resources have become the object of competition among social subjects,and there are also many forms of utilization.With the rapid development of information technology,the amount of global data is growing exponentially.Data is becoming a part of property.The concept of data right is also gradually reflected in the law.Since the beginning of the 21 st century,the protection of the data that does not constitute a work has been increased,and the creation of the compilation work is more and more presented in the form of data compilation.In this context,it is not difficult to find that there are authorized acquisition of data materials and compilation works by re-examining the provisions of Article 14 of the copyright law of the People's Republic of China and the judicial practice of related compilation works Copyright issues such as originality,ownership of rights,balance of interests of data owners,etc.In order to solve the above problems,this paper starts with the concept of compilation works,and analyzes the characteristics of compilation works by combining the representative compilation works forms in the data age.Based on the understanding of the concept,combined with cases,this paper focuses on the identification of compilation works and the ownership of rights of compilation works.Then,it discusses several ways of legal use of data.Through the analysis and carding of the problems,it is proposed that the judgment of the originality of compilation works is an overall investigation of the content,and it is also necessary to correctly understand the regulations on the assembler,We should clearly distinguish the "actual assembler" and "the assembler in the legal sense";clarify the ownership of the rights of the compilation works and do not infringe the rights of the original data when exercising the rights;we should explore the establishment of the license system in the data age and improve the legal license mode,so as to strengthen the protection of the compilation works of the big data era,better realize the legislative purpose of the copyright law,and realize as much as possible the obligee's Balance of interests to promote the dissemination of knowledge and information in the era of big data.
Keywords/Search Tags:big data era, compilation works, data compilation, originality identification, ownership of rights
PDF Full Text Request
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