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Network Original Works Right To Network Dissemination Research Restrictions

Posted on:2017-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:C FuFull Text:PDF
GTID:2336330491450695Subject:Law
Abstract/Summary:PDF Full Text Request
With the increase in awareness of the rights of the network and original works awakening among original works network creators and users have become increasingly prominent, use the network of original works by the community concerned about how best to solve this problem, no harm to the network reach original works of authors interests and safeguard the public interest is the current focus of social concern. I believe that the original work on the network to limit the right to network dissemination of information, that can not only protect the public interest, and consistent with the wishes of the creators, and more importantly, can achieve win-win network creators and original works between users, so as to effectively solve contemporary works use increasingly prominent problem.This paper is divided into four parts:The first part analyzes the reasons for the original network works right to network dissemination limiting. First elaborated the network is the birth of original works of new types of work under the new technology, introduces the network's original works, as well as to define its own characteristics, which leads to the status quo between the networks original works of authors and user conflicts.The second part analyzes the original work on the network to limit the right of network communication is proposed based on a reasonable use of the system to be the most appropriate limit. First generation process by analyzing the rational use of the system, the nature of the characteristics, values, and the rational use of the system and related systems for comparison, the system contains a rational use of equality, fairness, public interest and reasonable legal value of the conclusions, just want to limit network original works right to network dissemination of information based on looking fit and consistent with real needs of social development, to be achieved in line with the objectives and requirements.The third part of the network indicated in the original works can not limit the right of network communication is no standard arbitrary restrictions. First, the author pointed out that the identity of the importance of personal rights must be fully protected. Network then pointed out that the original works to limit the right to network dissemination of information to comply with fair use:the first can not change the media, and the second on the network can not use the original works adaptation, translation, interpretation, etc. Third, the user the subjective purpose must be well-intentioned, not for profit, but the network does not harm the interests of the original works of copyright holders. Finally the rational use of the system must be improved on the basis of innovation, in order to better provide the basis for a network of original works Information Network Transmission Right limit.The fourth part of the network of original works right to network dissemination of information to limit the significance of the conclusion that the original work on the network information network propagation right to limit both protect the public interest, but also conform to the author wishes to protect the interests of authors from the side, in order to achieve mutual win-win goal.
Keywords/Search Tags:Network original works, Information Network Transmission Right, Fair Use
PDF Full Text Request
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