Research On Copyright Issues In Creative Commons License Agreements

The Creative Commons license agreement is a new type of copyright licensing contracts proposed in the context of the Internet era.It is a typical representative agreement for the open licensing of copyright.It is committed to the construction of the quasi-public domain of works,to tap the spiritual and economic benefits of works by improving the reuse rate of works.It also provides continuous works for cultural innovation.In the network environment,the copyright owner can obtain higher spiritual or economic benefits by promoting the use and dissemination of works by others through copyright licensing.However,on one hand,the transaction costs incurred by traditional private licensing methods are relatively high,and users may give up using the work because of this.On the other hand,users who use works with higher public value for non-commercial purposes are caught in infringement disputes because they do not comply with the legal rights restriction system,making it difficult for the public to use other people’s works at a lower cost,thereby inhibiting the public’s creative initiative,which is not conducive to the long-term development of China’s cultural undertakings.Under this situation,CC agreement can effectively alleviate the above dilemma during the rights redistribution phase.It retains only part of the rights,and opens the right to copy and disseminate works to the public for free with simplified licensing conditions.The public can achieve the use of works with low transaction costs.It realizes quasi-public interests that promote the dissemination of outstanding works and cultural innovation through arranging the private rights.It establishes a new balance between the private and public interests of copyright.The CC agreement is complementary to the copyright licensing system,but it still has copyright problems that need to be solved urgently.Only by providing a legal basis and copyright management mechanism for the CC agreement,can we strengthen the certainty of its authorization,reduce the legal risk of copyright infringement,and realize the functional value of CC agreement with greater efficiency.This article is based on the above considerations,taking the CC agreement as the research object,and researching the copyright issues involved in the CC agreement.The full text consists of four chapters,with an introduction above and conclusion below.The research content of each chapter is as follows:The first chapter is an overview of CC agreement.Starting from the historical development and economic and cultural background of CC agreement,this paper briefly introduces the meaning of CC agreement.Starting with the type of license agreement and the elements,the paper analyze it’s high relevance to the copyright system,use the type of rights stipulated in the copyright law for further analysis,and puts forward the problem of the subject and object of copyright and the additional transaction costs in the international application of CC agreement.The second chapter is the analysis of copyright licensing interest of CC agreement.Based on Coase’s theorem,combining the the principle of interest balance,this paper discusses the similarities and differences between CC agreement and the traditional protection concept of copyright law.From the perspective of license revenue and transaction costs,the CC agreement has double value about the private interest of copyright owner and the public interest.The third chapter is the analysis of copyright licensing costs of CC agreement.Firstly,this paper analyzes the risks of copyright infringement caused by the use of the CC agreement.Secondly,it discusses the possible cost of compatibility in the existing digital copyright environment,including the compatibility of the standard version and the transplant version of the agreement itself,the CC agreement and other open copyright license agreements.Finally,it is the possible additional transaction cost of CC agreement in the process of copyright industrialization,as well as the reason that prevent copyright-related subjects from using CC agreement.The four chapter focuses on the improvement of CC agreement in China’s copyright system.In order to reduce the additional transaction cost of CC agreement,by confirming the legal effect of the CC agreement and supplementing the copyright ownership rules,drawing on the advantages of the patent open licensing system,and introducing the copyright collective management system,CC agreement has legal basis,a more complete legal risk prevention and control mechanism and a supervision implementation mechanism.In addition,by considering the compatibility requirements of CC agreement and traditional copyright licensing contracts,a unified rule is proposed to simplify the transaction costs due to compatibility to maintain the advantages of the agreements in the copyright licensing system.Finally,combining the development status of China’s copyright industry,we promote the self-renewal of the agreement,reduce its cost in the operation of the copyright industry,and combine with technical protection measures to make the agreement better serve the network copyright industry.