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The Fair Use Of Copyright In Internet Enviroment

Posted on:2012-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y KeFull Text:PDF
GTID:2166330335956448Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The generation and development of Copyrights are closely related to the development of science and technology, which influence each other and progress. In fact, the copyright system itself is a product of science and technology. Before printing invented, people mainly disseminated literary and artistic works and science articles by speaking and writing, therefore there was no plenty of replication and copyright protection issues. With the invention of paper technology, especially the invention of printing, which bring the necessity of copyright protection. In china, since the widespread use of engraving typography, the copyright was in the case. Even today, right of duplication basing on printing is still one of the cardinal and the most important right in the copyright system.Copyright system, that it is the product of science and technology, since generation, which is developing and constantly changing with the development of science and technology. In other words, development of science and technology is always challenging the copyright system, and the copyright system is also constantly improving in this war. Overall, the copyright system should be key to scientific and technical challenges in two ways. One is with the development of science and technology, new protected object, the copyright system to protect them into the scope. The secondly, with the development of science and technology, new for the use of the way, the copyright system to the new use of the way into copyright scope.In the process that the copyright system and technology to the influence and jointly develop further, the copyright system and a balance between the copyright owner and the interests of the important role. In traditional papery media, fair use system effects in many ways. In education, commonweal business and personal use for nonprofit use, it brings a lot of interests for social public. However, since the 1980s, as the electronic information technology rapidly developing, the internet was a breathtaking speed extended to almost all human activity and become the "fourth media" after newspapers, radio and television. Computer networks along with the network technology to work, downloaded, modify, copy of the copyright owner when online for a moment the pirate's paradise and broke the tradition, the copyright owner to use the interests of the relationship between the balance, serious impact on the rational use of the copyright system had made traditional copyright and institutions are faced with a vast, unprecedented challenge. Technology safeguards'use reversed has this situation, but it is fully protect the interests of the copyright owner, and almost deprived of the public a reasonable access to and use of every opportunity, copyright law was in an unbalancing state. In order to restore the balance broken by internet environment, it is necessary to study the copyright fair use system under network environment and rational use system needs to reform to adapt to the network environment, which protect the community's legitimate interests in the network environment. It is the purpose of this article. Facing the impact that internet to the fair use system, refer to the legislative and judicial practice, this paper tries to propose several suggestions to Chinese fair use system of internet copyright protection, and resolve the situation that our existing copyright law of the internet environment and the provisions of the legislative system impeded.
Keywords/Search Tags:Network environment, Network copyright, Fair use
PDF Full Text Request
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