Study On Creative Commons License Agreement In The Digital Copyright Context

The traditional theory of copyright is viewed as a private right of copyright, copyright in works created by the authors is completive and comprehensive.But in the age of diversification of media and information,copyright owners cannot know and control the use of the work,even cannot negotiate with and issue licenses to each user.In terms of work user,once he use the work without agreement of authors,such behavior may constitute copyright infringement if it is not the fair use which is not ruled by law. Thus how to design a work-exploitmechanism,which can take account of the intersets of the copyright owner and any person who exploits the works,has become a problem which needs urgent solution.Professor Lawrence Lessig of Stanford University,inspired by the free software movement,created the Creative Commons Licenses.He developed 6 different versions of license for the copyright owner to choose.In China,considering to the difference between the strict copyright system and the paticipation to knowledge in our traditional culture,the idea and method of Creative Commons Licenses give us a operable modrate way.By introducing and interpreting Creative Commons,this study tries to sovle the problems of unclear license and the problems which in some circumstances achieving license is impossible,in order to construct a more abundant and rich circumstance for work-creation so as to make the cultural disffusion and identity more easily.Besides from introduction and conclution,this study has 5 parts.The first part is"the analysis of the background of Creative Commons"In this part,the thesis points out the over strong protection of copyright in digital age.And inspired by the free sofrware movement,some scholars proposed the idea of copyleft .The second part is details for CC Licenses.First is about the development of CC Licenses.Then the thesis introduce the substance about CC Licenses-the elements,basic contents,and forms.The third is about the international of CC Licenses.The forth is trying to study advangtage of CC Licenses on the basis of analysis of CC Licenses.The third part is the theoretical of Creative Commons.From the perspective of econmics,using CC Licenses may reward the cost of innovation above the marginal cost for the authors,helping the authors get more pubic's attention.From the perspective of Philosophy of Law,afier the copyright got into the field of human rights,exclusive right holders should not become the barriers that obstruct the public express their ideas ,exchange information and share spiritual wealth of society.From the theory of social planning we also can interprete rationality of CC Licenses,CC helps to construct a equitable and desirable culture.The forth part is about the essence of CC Licenses.CC is a social movment of semicommons.It is an innovation of social cocept.CC Licenses take the form of contarct and apply the rule of contract ,in order to establish a"license-use"legal relationship model between licensor and licensee.But the basis of CC is still Copyright because they share the common goal.And the final effect of CC is from Copyright.In a word,CC is a fusion of Copyright and Contract.The fifth part is about localization of CC in our country.At first,the thesis analyses the necessity of introducing the Creative Commons Licences into China.Then this part summarize the development of CC in China.In recent years, Mainland China and Taiwan have completed the localization of CC Lincense.And the third,the thesis trys to study the Coordination between CC and Copyright restriction system(such as fair use,Statutory Licensing System and Copyright Collective Management System),for the purpose that fiding the rationality and feasibility of CC which is applied in China.