Dissertation > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law

Rational use of the system in the restructuring of the network environment

Author LuoTianTian
Tutor GaoJinKang
School Southwestern University of Finance and Economics
Course Economic Law
Keywords Rational use Network environment System Design
CLC D923.41
Type Master's thesis
Year 2008
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Rational use of the system can be said that since the \key. With the advent of the Internet era, the role of the public and the copyright owner is changing in the face of the enormous benefits of the Internet era, the traditional fair use in balancing the interests of already powerless, traditional environment, rational use of balance mechanisms, application forms, and many other factors, of course, does not apply to the network environment, technological protection measures continue to suppress the rational use of space systems, the traditional system can not adjust the rational use of new communication technologies bring new rights and obligations and other issues, people on the rational use of system balance the interests of the survival function generated great suspicion. The development of network environment, traditional fair use posed a severe challenge to avoid becoming a victim of technological development, the traditional use of the system an urgent need for a rational reconstruction, to respond to the challenges of the Internet age. Fair Use System has a very important theoretical and practical significance. Its practical significance is reflected in it's current socio-economic development and the development of the objective needs of legal practice. Along with China's digital economy sustained and rapid development of Internet applications extended to all areas of social life, produced a series of intellectual property issues need to be resolved through the use of the traditional system of rational reconstruction study, on the basis of modern technology to seek Use reasonable to protect our nation's cultural and scientific development, while maintaining social fairness and justice. Meanwhile, in a specific judicial practice, the lack of the traditional fair use increasingly apparent, the urgent need for appropriate legal system to sort out. Secondly, Cyberspace Research under the fair use practical significance of the rule of law is also reflected in the country's push to build on. Accession to the World Trade Organization, China began full integration into the world economy in recent years, Western countries continue to blame China has proposed to the field of intellectual property, how to avoid that in fact developed exchanges become \Theoretical study using the system, in particular the problems of the existing concrete discussions to solve this kind of problem will no doubt provide strong theoretical support. This paper focuses on cyberspace reconstruction under the fair use issues, more in-depth analysis of the existing problems resulting from the theoretical and practical reasons, and there are legal regulations put forward suggestions and put forward a bold new design of the system accordingly. Logical thinking, this article in accordance with the institutional analysis - Problem Analysis - Reconstruction Theory - System Design - Legal Regulation of the corresponding route expansion and improvement of ideas discussed, the text is divided into five parts: The first part of the institutional analysis . The first part of the system on the rational use of this system from the case law, legal philosophy and economics from several aspects such as systematic analysis. Rational use of the system for the analysis of the philosophical connotation, indicating a reasonable use of the system with fairness, justice and rationality requirements connotation, meaning that the system itself is rooted, and not because of technology change and loss. The economic value for a reasonable system of law analysis, pointing out the value of fair use pursuit of efficiency, requiring as much as possible within certain limits weaken the monopoly of copyright restrictions, in order to stimulate the author's creative passion to produce more good works, so that benefits can be assigned the \While in pursuit of fair value is required as far as possible within certain limits on the copyright owner's monopoly be limited to ensure that the public can access and use of the work, as much as possible equal distribution of benefits \Since income redistribution can not be no consideration, there have been a conflict between efficiency and equity. Efficiency and fairness in the Internet age, when more not take into account, and how to resolve this conflict, and how to choose, it has become a crucial issue. The second part, the existing problems in China. The part from the Internet age and specific impacts on copyright protection, two aspects of the new problems arising problems were generated to analyze the deep-seated causes and solutions orientation. First, the Internet age has suffered tremendously under copyright protection Cause Analysis. First, copyright is with a regional private rights, and cyberspace information dissemination and communication under one of the biggest feature is without borders, along with the rapid development of the Internet and the advance of globalization, the traditional principles of copyright regional constantly weakening, leading to a series of issues of copyright protection. Second, the traditional copyright system is another major feature is its proprietary nature. Through the proprietary nature of copyright characteristics, access to and the use of community in their work certainly return, so that the author's work to the valuable contribution to society while ensuring the continuation of further creativity. The rapid development of the Internet, also happens to be dependent on their information sharing. Everyone can get a lot faster through the Internet for information. This raises a contradiction, leading to the rational use of the existing system in cyberspace under the lapse. And through the temporary reproduction, technical measures, digital library, network communication and other specific issues detailed analysis to determine the causes of these problems, should follow the direction of the final solution. The third part, reconstruction theory. This section discusses the principles of fair use and major reconstruction of the theory, pointing out that the reconstruction of the rational use of the system is a logical system and bear the inherent flexibility of space engineering, technology inclusiveness should follow the appropriate forward-looking, and adapt to conditions , the basic principles and international standards, and these principles in detail interpretation. And further analysis of the mainstream theorists now some remodeling ideas, analyze their actual role that is a legal permission can try to choose the future direction should be carried out. Network contract with the presumption that the said license, said there are some contradictions can not be ignored. While for the rational use of the existing legislative system model and range were analyzed for the proposed design of the system and then lay the foundation for the next chapter. The fourth part of the design of the system. Issues raised by the author in the first three chapters and a detailed analysis of the problem on the basis for several key issues, including the scope of fair use, legislative model, technology development has brought new rights and obligations, combined with their own reality and Reconstruction principle, proposed a series of new suggestions for improvement, completed the reconstruction of the rational use of the system design of the system. The fifth part, conclusion. This section, the author based on the logic of text line, ultimately concluded: Reasonable technology does not become a victim of technological change, it will not lose its functionality with the balance of interests, but should advance with the times, and continuously through a series of scientific The improvement in the dissemination of information to seek to use the control objectives, on the basis of modern technology seeks to use reasonable to resolve the existing series of contradictions in order to protect the interests of authors, but also to maintain social fairness and justice, to promote cultural and scientific development. Innovation of this paper is mainly reflected in the main ideas and system design, this article from the rational use of network environment reconstruction system principles, problem analysis, and improve the mechanism to start building three sections, based on reality, from multiple angles, multiple issues of copyright fair use for a bold design of the system.

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