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Distribution Rights Infringement Research

Posted on:2013-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2246330395990097Subject:Art
Abstract/Summary:PDF Full Text Request
Distribution rights as a copyright under an important class of property rights,constitute the core rights of the traditional copyright industries, along with the rise ofthe Internet and new media and the continuous development of tangible carrier-basedcopyright industries face a more severe market competition, which requires us to paymore attention to the protection of the right of distribution, especially to increase thedistribution rights violations. Copyright in its100years of development, the rightcontent is becoming richer, copyright carrier is increasingly complex, this phaseassociated with various types of infringement and infringement of the expandingfield. More countries around the world in the process of development of the nationalcopyright legal system in accordance with national conditions and theoretical workout of the same copyright laws of the system, which makes us in the face of a newera of Internet and new media environment under copyright protection and copyrightThe study of infringement will face more complex challenges. Recalling the historyof the development of human society, and various violations showing increasingsophistication and diversification of the situation, accompanied with this is the courseof development of human society for the protection of the rights of awareness. Withthe continuous progress of human civilization, the continuous evolution of theconcept of the rule of law and national legal systems and continuously improve, thehuman face of various types of tort and gradually establish a relatively complete tortliability system to cope with the hazards of all kinds of infringement. Specific to thefield of copyright, research on the types of conduct copyright infringement andcopyright laws to protect has been an important part of copyright research, copyrightinfringement and copyright infringement the responsibility of not only has a certaintheoretical significance, but also has a certain practical significance. Vigorously develop the cultural industry in China, and vigorously promote the development ofcopyright industry under the background of research, drawing on the legislative andjudicial experience of developed countries in the copyright protection has importantpractical significance of copyright infringement and copyright infringement liability.In this paper,"Copyright Law" provisions of copyright under the property rightsdistribution rights as a research object, the use of our existing laws and regulations toanalyze the distribution rights violations and distribution rights for tort liability, andcombined with the release of some foreign countries legislative study of the right toprotection, must learn from this distribution rights protection in China, this paper willput forward their own legislative proposals and measures for the improvement oflegal protection system of distribution rights.In addition to the introduction, four chapters, the last will be the conclusion to make abrief summary of the main points of the full text.The introduction presented the meaning and value of the distribution rightsviolations and distribution rights for tort liability, on the main object of study and thebasic idea of this article gives a brief introduction and development characteristicspointed out that the issue of weight violations, and targeted proposed improve thelegal protection of the right of distribution corresponding proposals and measures,such as the increase of legal protection on the big issue right intensity and learnWestern developed countries on the issue of the right advanced protection methods.The first part mainly through the Description of the concept of infringement bythe distribution rights and distribution rights violations identified elements, as well asthe type of violations issued to clarify the concept of weight violations. Thedistribution rights of the identified elements of the main distribution rights violationsElements. Infringement types of distribution rights focuses on the types andcharacteristics of the various distribution rights violations.The second part focuses on copyright infringement liability. This section,combined with our current copyright legal system of the corresponding legal normsto analyze the distribution rights infringement liability, the right of distribution as animportant property rights, the right to realize the important basis of the value of copyrighted works, so for violations of the behavior of the distribution rights, we arebound to be in accordance with the provisions of copyright laws and regulations to beinvestigated for the corresponding legal responsibility, so that the infringer to bear thecorresponding tort damages, in order to make up for the legitimate rights andinterests of copyright holders while maintaining the order of the field of copyright.This section from the distribution rights violations of civil liability, administrativeresponsibilities and the three aspects of criminal responsibility to a clear issue ofright to tort liability and its commitment to the way.The third part of this thesis in the first two parts discussed in the article based onthe proposed China distribution rights infringement related legislation to be soundadvice, this section focuses on the analysis of the problems in the legal protection ofthe distribution rights in China and the need to further improve content, and makeappropriate recommendations and measures. The fourth part of this paper based onnot only in the article the analysis of the first three parts, by analyzing the foreigndistribution rights of some of the situations of legal protection, legal protection forour distribution rights to provide legislative direction and response measuresrecommended to protect the copyright holder distribution rights, and promote thehealthy development of China’s copyright industry.
Keywords/Search Tags:distribution rights, violations, liability, legalprotection
PDF Full Text Request
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