Public Domain Research Of The Copyright Law

Facing the 1980s the expanding of intellectual property, especially the TRIPS agreement signed the world into intellectual property will expand road, intellectual property, caused the expanding of the expansion of reflection, but they have also caused concern for the public domain. Intellectual property legislation revising, international law and regional conflict appear constantly make laws related to public of research in the field of gradually complicated. Especially particularly remarkable, the expansion of copyright in the copyright law history is a gradual expansion of history, copyright expansion, main performance copyright of the object expansion, the expansion of copyright power the expansion of the copyright term of copyright restrictions on power. Copyright protection range widening of the copyright owner, plays a incentive effect, guarantee their economic rights and spirit enjoy rights, however, ignores the copyright owner for social responsibility, the social public interests cannot get in to the copyright owner safeguard, had strong protection, for the social public interests is the weak protection. Facing the copyright owners and social public rights against imbalance, thus the theory of public domain copyright expansion by western countries some scholars mentioned.The works of copyright, into the public domain problems of careful research and discussion. With the expansion of the intellectual property rights and public areas by western countries shrinking extensive concern and comments. However, from the public domain the importance in our daily life, it is only in recent decades, were not appreciated the copyright law research on public domain outstandingly. However, public domain research in overseas has become a focus of circumstances, its research in China is still at the initial stage, the research in our country's public domain is not enough attention to public areas, Chinese scholars are just beginning. With intellectual property rights and public areas constantly expanding erosion, public domain by more and more people may also been concerned. Infringement of copyright public domain defense quietly become copyright in recent years, the judicial field hotspot in theory and reality exists deep reasons. Copyright expansion with the development of technology and aggravate, meanwhile, face its expansion to curb appeal was also increasing, it reflects the public to protect the public domain enhancement, calling for improving protection awareness.Part 1:from the international legislation and domestic legislation to introduce the public realm of copyright law problem on the background, concept of public domain of generation, the public domain words and concepts, public domain features, as well as public domain value function etc basic theories.part 2:from the public domain legitimacy method philosophical thinking, democracy and human rights protection requirements and economic benefit in terms of copyright law embodies three on the legitimacy of public domain existence.part 3:the public domain of copyright law summarized:right protection scope of expiration work; The protection of the copyright law shall not work; Copyright law does not protect works, in the component; Lack of substantial requirements shall be protected by the law works); Users to work right to use; Don't protected by the copyright law; foreign works The author waive copyright work; Orphan works; Folk literature and art.Part 4:the current copyright law introduced in facing the crisis:the public domain, international environment of international unfair exists serious; The home environment, the country too much protection, to limit public interests realization; Public sector itself is limitations; Personal privacy defend, weakening social responsibility, limited public domain concept spread; Copyright expansion of public domain erosion of specific performance.Part 5:from copyright law on public domain protection principle requirements and public domain copyright law to protect Angle on about public domain conservation.