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Copyright Protection Under Network Environment

Posted on:2008-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:L M MengFull Text:PDF
GTID:2166360212493280Subject:Law
Abstract/Summary:PDF Full Text Request
The development of Internet has brought many challenges to the copyright. Therefore, Many countries have to modify their laws concerned to keep up with times. There are more and more tortuous behaviors under the environment of Internet. Questions such as how to adjudicate, what law to abide by, what is legal, what measures to take to protect the copyright, etc are worth paying more attention to. This thesis tries to study the problems of authors' Internet copyright in China by adopting the methods of comparison and combination of theory and practice. More attention has been paid to the infringement and protection of authors' copyright on Internet.The thesis is divided into 4 chapters.Chapter 1 is about the challenges brought by Internet to the copyright protection. It is apparent that Internet has brought many conveniences to the people's life and work. However it has brought impacts to the system of the copyright protection we have, which leads to the readjustment and reallocation of rights and benefits, and the disorganization of the situation of social relations and interests. In the context of Internet, the forms of writing, the specific copyright, Imputation principle, the infringement forms have also changed. If dissensions were dealt with according to the original law of copyright, rights and interests would lose the balance. Thus, the laws of copyrights of states worldwide and world property right organizations have changed correspondingly.Chapter 2 is about how to judge the infringement of copyright in the context of Internet. Internet is a new thing. It is not a long time for copyright in the context of Internet to be protected by Copyrights Law. So it is also a new right. Due to the complication of Internet, the specific content of copyrights are obscure so the protections are uncertain. It is not easy to judge and impute the infringements. When the copyrights are violated, ignorance is not right. Laws should give the victims relieves, protections, and compensations. Otherwise laws will lose the justice. Therefore, it is necessary to judge the infringement and liability principles in the context of Internet. Copyright infringement principle refers to that, when the damage to the facts or the law of copyright had happened, by what principle of civil liability the perpetrators should be punished. There appear 3 viewpoints in the academic circles as far as it is concerned, that is, the principle of offence liability, offence presumption and unimpeachable liability.Chapter 3 is mainly about the restrictions of copyright on Internet. As to the rights of the authors, they can obtain their whole copyrights and receive reasonable reward. Meanwhile, laws endow the users and other people the right to use the works without the permission of the authors in a certain situation, which probably is the most restriction of the usufruct of the authors.The copyrights law provides the system of fair use, which meets the demand of balancing the interests of the authors and users, the authors and the other people. In the circumstances of Internet, the 3 restrictions are mainly about the fair use, legal permission and implied permission.Chapter 4 chiefly discusses how to protect copyright by means of law. Although Internet has brought many troubles, contradictions, dissensions, maladjustment of interests, etc. to the protection of the copyrights, it is urgent how to solve these problems. To protect the copyrights we should adopt such principles as legislating to protect, managing copyrights collectively and adopting technology, and judicatory protection, administrative protection as well.
Keywords/Search Tags:Internet, copyright, copyrights infringement, copyright protection
PDF Full Text Request
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