Research On The Protection Of Public Domain In Copyright Law

In the long game of copyright and public domain,the public domain is gradually showing a state of decline,which also makes scholars from various countries gradually begin to pay attention to the protection of the public domain.As a cutting-edge theory and ideology,the public domain not only helps the benign operation of copyright to a certain extent,but also plays an important role in the diversification and prosperity of the entire social culture.This article uses the narrow and broad perspectives to classify the definition of the public domain based on scientific and rational legal concepts.The narrow public domain uses the model of exhaustive enumeration + comprehensive clauses to make the collection of public knowledge products as clear as possible.The public domain in a broad sense is defined relative to the domain of copyright,which refers to an organic unity of systems,ideas,theories,and methods that restrict copyright based on public knowledge products.The weakening of protection in the public domain is mainly manifested in the reduction in the types of objects in the public domain,the reduction of powers and the extension of the copyright protection period.The reason is that on the one hand,the misunderstanding of the "father-son theory" and the "real estate theory" dominate copyright.The mechanism is a metaphor for the rationality of the expansion of copyright,and the dichotomy of ideological expression is too abstract.In judicial practice,the works are usually attributed to expression in a way that the interests of the majority oppose the interests of the minority,and are protected by copyright law.On the other hand,the wording of other situations in the fair use system is general,which may cause gaps in judicial application,and there are too few cases of circumventing technical measures,and it does not involve technical measures that can be circumvented based on fair use,which makes the public use reasonable The use of works is restricted.To protect an ecologically harmonious public domain and to correct the uncontrolled expansion of copyright requires the reshaping and implantation of theory first.Through the implementation of the theory of interest balance and the theory of rights and obligations,this article aims to balance the rights and obligations between copyright owners and clarify the relationship between knowledge acquisition and knowledge compensation;from the perspective of law and economics,the network effect theory is implanted in the public domain.It is pointed out that the intertextuality and publicity of the public domain can make the works reach the Pareto optimal in the dissemination and sharing.The second is the introduction and construction of the system.This article reviews the individual clauses of the fair use system and other situations,and points out that the scope of fair use should be carefully limited;the principles and conditions for the implementation of technical measures should be clarified to ensure that technical measures are not abused;and the background and philosophy of the knowledge sharing movement should be analyzed.,The reasons for the rise,point out its own special value functions,and put forward some countermeasures against the limitations in it,and finally make the knowledge-sharing movement more local.By learning from the relevant French system experience,it is proposed to use the public domain system for compensation.A cultural tax is levied on specific acts of specific works in order to maintain the long-term development of the public domain.At the end of the article,I creatively put forward the joint prospect of the paid use of public domain system and the knowledge sharing movement,hoping to organically unify the paid use of public domain system and the knowledge sharing movement,and operate in a coordinated manner,hoping to maintain the benign operation of the copyright domain and the public domain.