Study On Copyrightright Management Information System

Copyrightright Management Information refers to information describing the basic information of a work,indicating the right holder,declaring the rights and publicizing the conditions of use of the work.The WIPO Copyright Treaty and The The WIPO Performances and Phonograms Treaty were the first to provide for the definition and protection of rights management information,and China’s current Copyright Law provides for the prohibition of rights management information in the section of "Protection of Copyright and Rights Related to Copyright",reflecting the trend of The trend of strengthening the protection of rights management information.Unfortunately,the definition of rights management information is not clearly stipulated in the current Copyright Law,which has led to disputes on the nature and definition of rights management information.Specific disputes include whether the rights management information is a kind of right or the content of a work or a kind of information;whether the rights management information protected by the Copyright Law is limited to electronic forms;and whether the rights management information needs to be "attached to the work or its reproduction" in the process of dissemination and reproduction of the work.In addition,the provisions of the Copyright Law and related legal provisions on the wrongful acts of rights management information are not perfect,and there are cases that some acts substantially infringe rights management information but are not included in the scope of the regulation of wrongful acts.In the process of using the right management information,since there is no unified standard for marking the right management information to clarify the scope and mode of marking the right management information,and it is difficult to use the spontaneous marking of the right management information by some right holders as the evidence to determine the ownership relationship of the works due to its arbitrariness and low credibility,the use of the right management information in practice is not effective.In this regard,this paper combines the analysis of theoretical controversies and practical needs with reference to overseas experiences,and proposes suggestions for the legal improvement of rights management information,and constructs the specification of rights management information labeling on this basis.At the level of legal improvement,it is clear that the rights management information should not be limited to the "electronic" form,but should be "attached" or "accompanied" by the work and its copies.On the basis of "appearance",the definition of rights management information is proposed.In the definition concept,considering that with the development of practice,the rights management information may be presented in new forms such as links and QR codes,therefore,the open design of the article can be used to reserve space for the expansion of the display of rights management information.At the same time,we propose to improve the existing provisions on wrongful acts.At the practical level,we propose the idea of establishing a unified rights management information labeling standard.In the construction of the labeling specification,it is clear that the labeling of rights management information should include basic information of works,information of rights ownership and information of rights license.It also proposes a multi-level collaborative rights management information labeling model in response to diverse practical needs,and provides three labeling models: simple,detailed and link display.In order to achieve faster and more convenient labeling and more intuitive display of rights management information,we also explore the use of Creative Commons licenses for simple labeling of rights license information.In order to achieve clarity in the definition of rights management information,improve the provisions on the unlawful acts of infringing rights management information,and provide a feasible specification of rights management information labeling for reference.