| The research on the copyright protection mechanism of data products mainly focuses on "data products" as the research object,and explores whether it is feasible to include data products with great commercial value into the framework of copyright law for protection in the era of big data.The paper is divided into two parts:the introduction and the body.The introduction includes the background and significance of the chosen topic,the current status of domestic and international research,the research methodology and the innovation points.The main part is divided into four chapters:Chapter 1 defines data products,summarizes their general characteristics,and clarifies the connection and difference between data products and similar concepts;Chapter 2 discusses the theoretical basis for choosing copyright law to protect data products and its feasibility in practice from three perspectives,specifically including that data products meet the characteristics of the objects protected by China’s copyright law,that the legal protection of copyright law and data products have similar legislative value orientation,and that it is possible for data products to be protected by copyright law in practice;Chapter 3 discusses the problems faced by the copyright law protection of data products,including the controversial points in theory and judicial practice and the challenges faced by the traditional copyright law in the protection of data products;Chapter 4,by sorting out the problems in Chapter 3,puts forward suggestions to improve the copyright law protection mechanism of data products in China,which is the main innovation point of this paper.Specifically,it includes the reference of extraterritorial legislation to China,mainly the practice of EU and Germany for setting exclusive rights for unoriginal databases,proposes that China can also set unoriginal databases as the object of neighboring rights,while for the judgment standard of originality,the restriction of human authorship should be amended and the separation evaluation standard of subject and object should be adopted,and puts forward specific suggestions for establishing and improving the relevant provisions of China’s data product copyright protection,which should clarify the legal attributes,right attribution and right exercise boundary of data products,further improve the regulatory mechanism of data products and optimize the corresponding regulatory policies.Based on the current judicial situation,this paper is dedicated to exploring the protection of rights of data products through the study of copyright protection mechanism of data products,so as to break the current dilemma of insufficient and confusing protection of rights of data products. |
PDF Full Text Request