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Study On The Legal Regulation Of Non-interactive Network Communication

Posted on:2018-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:W M XieFull Text:PDF
GTID:2336330533956231Subject:legal
Abstract/Summary:PDF Full Text Request
Follow the pace of technological updates,we have ushered in the digital age,the Internet in daily life plays an indispensable role.It completely changed the way works are transmitted,the work of digital,any person can be very easy way to obtain the relevant content and re-spread.If the law does not properly regulate the various kinds of communication in the network environment,then the work of the copyright owner will be faced with countless times the spread of its interests will suffer heavy losses,thereby reducing their enthusiasm for creative works.New communication technology has spawned new communication behavior,the new communication behavior if not the reasonable control of the law will inevitably lead to the corresponding rights disputes.Due to network timing broadcast and other non-interactive network communication behavior arising from copyright disputes year after year,has aroused widespread concern in academia.In order to adapt to the changes brought about by the Internet,the Copyright Law clearly stipulates the right of information network communication,but when it is defined in the right,the legislator does not fully understand the meaning of the relevant legal provisions.Leading to the regulation of the rights of the dissemination of behavior is unique,can not be applied to the emergence of new network communication behavior in recent years.Some scholars are willing to seek the right to broadcast to control this kind of communication behavior,but carefully comb the right,we will find that because of the establishment of our radio rights earlier,leading to its definition is too traditional,the right extension is relatively narrow,so the above-mentioned communication can not be covered within the scope of its control.The end result is that non-interactive network communication behavior as a new communication behavior can not be controlled by any exclusive rights owned by the right owner.But there is no doubt that this kind of communication behavior obviously violates the legitimate rights and interests of the copyright owner,taking into account the interests of all parties,and can only be restricted by the terms of the collateral.Because of its convenience and timeliness,the development prospect of non-interactive network communication behavior will be getting better and better.In order to effectively regulate it,theoretically put forward three kinds of control plan,the first is to expand the definition of information network communication rights,the second is to expand the definition of broadcast rights,the third is to provide the right to the public.This paper combs the legislative reasons and the legislative purpose of the related rights,analyzes the different practices of the foreign regulation of such propaganda behavior,and compares the legal status of the above-mentioned legislation.With a view to its reasonable regulation to find the best solution.At the same time I also on the regulation of such a communication caused by the relevant legal issues to explore and answer.Intellectual property rights in a country’s development process occupies an increasingly important position,so the process of writing this article also on China’s copyright law legislative approach to reflect on its missing,for the subsequent amendments and formulation of the law to lay a good foundation.
Keywords/Search Tags:Non-interactive network communication behavior, Information network communication rights, The right to broadcast, Rules and regulation
PDF Full Text Request
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