A New Theory Of Rights Management Information Of Works

Rights management information is information that indicates the authorship and the conditions of use of the work during the reproduction or dissemination of the work.However,there is still controversy as to how the nature of the identification of rights management information should be defined and whether it should be characterized as a new type of right.Copyright rights management information is an important content that cannot be ignored in the revision of the Copyright Law in recent years,but in the views of scholars,there are different views on how rights management information should be qualified.The three main types of views are: it is regarded as a new right in copyright-the right to indicate;A new copyright item that is regarded as a right holder preventing others from accessing the work without permission-the right of access;and disagreement with the interest argument that it should be characterized as a right.However,each point of view has certain limitations in the discussion,and the reasoning is not thorough enough.The right to mark ignores the intellectual achievement nature of the subject matter of copyright protection;The right of access doctrine confuses the functions of rights management information and technical measures;The interest theory is limited by the principle of legal rights and ignores the interpretation of the copyright system.Most of the reason for this problem is that the legal provisions do not clearly stipulate its nature in the system.For the comparative law study of rights management information,there are currently two main legislative models: the model of distinguishing infringement and legal liability from copyright separate provisions in the DMCA Act in the United States,and the model of separately stipulating infringement and legal liability uniformly in China,neither of which directly clarifies the qualitative issue of rights management information in the law.In view of this problem,it is necessary to clarify its nature and positioning under the existing copyright law system.It is both necessary and feasible to define the identification of copyright rights management information as a new type of right.As far as necessity is concerned,first of all,there are new interest claims that need to be protected by the identifier,due to the continuous expansion of the public’s actual demand for rights management information protection in the Internet environment,the new interest claims of the identifier need to be effectively remedied,and it is also necessary to take it as a right protection,and the characterization of rights management information as interests does not enable the identifier to actively protect through the law,so it is necessary to upgrade the rights management information identification interests to rights protection.At the same time,the existing copyright and neighboring rights cannot meet the new interest demands of the right labeler.The interest of linking the identity of a work and a non-author right holder does not have effective legal protection in the field of copyright law,so it is necessary to characterize the identification of rights management information as a new type of right in China.At the same time,it is also feasible to characterize rights management information as a new type of right,first,it is in line with the rationality of the right to be protected,on the one hand,it reflects legitimate interests,and on the other hand,it has preliminary priority when it conflicts with the public interest.At the same time,it is useful as a protection of rights under the established copyright law system.Finally,it exists under certain conditions to be fulfilled.The legalization of the intellectual property rights market and the existence of industry norms have made the rightization of rights management information identification have a practical basis,and the existing judicial practice and the certainty of the boundary of the right management information itself also make the right theory have judicial feasibility,and the right protection can provide positive protection for the interests of the labeler,all of which make it feasible to characterize the right management information identification as a new type of right.Specifically,on the premise of clarifying that the identification of rights management information is a new type of right,it is also necessary to further refine the circumstances under which the new type of right should be deemed to be infringing,that is,the constituent elements of its infringement,and how the infringement liability should be constructed.