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The Economic Analysis of Certain Copyright System

Author: ZuoHongTao
Tutor: NanZhenXing
School: Hebei University of Economics
Course: Economic Law
Keywords: Copyright System Economic Analysis
CLC: D923.41
Type: Master's thesis
Year: 2006
Downloads: 66
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Abstract

Copyright is a statutory monopoly rights of copyright system between a balance between copyright holders and the public, to play to ensure that the gains of the copyright holder and promote the role of the balance of the social welfare. Copyrights defined in the writings of use and copyright infringement and relief are three basic aspects of the copyright system, system design efficiency will directly affect the level of incentives and overall social welfare of creation. The work is the cornerstone copyright carrier copyright system has been established. Copyrights defined in the first to analyze the properties of the works, the work has the characteristics of public goods, for example, non-competitive, a certain degree of exclusivity, a huge positive externalities, and also has a useful and scarce, these properties determine the copyright should be designed to the restricted monopoly private rights is efficient. Copyright restrictions embodied in the restrictions of copyright subject matter, time constraints and the reasonable use restrictions. Overall, the copyright restrictions is efficient, but some of the details could be improved, such as fair use criteria should be further refinement. The copyright of the copyright holder gains only in the use and circulation can be defined on the copyright, make it clear property rights from this objective. The use of copyright licenses, statutory license and copyright transfer of three ways, the analysis of this system should also be focused on the authorized body and contract terms. With the development of society and technology, copyright collective management organization as an authorized body to make copyright more efficient the same time, the establishment of a statutory licensing system for copyright use saves a lot of transaction costs, these provisions are effective, but The relationship between the need for coordination. Copyright infringement and other violations, like damage, outstanding obligations and causation, and found by the analysis of these factors, the efficiency requirements of the current fault liability modify, supplement applies the principle of presumption of fault liability. Three remedies for copyright infringement, the copyright system provides Basically they are efficient, but should also be perfect: the civil remedies available, should be given the powers of the court to take punitive damages, in order to reduce the probability of infringement; criminal responsibility deterrence of copyright infringement, efficiency requires a combination of fines and imprisonment, and prevail fines. Another very important point is that attention should be paid to the role of the informal system of ideologies, habits, values ??and ethics, cultivate awareness of the people to obey the rules, and enhance the effect of the implementation of the Copyright Law and related laws.

The Economic Analysis of Certain Copyright System

Abstract

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