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The Expansion of Copyright under the Digital Environment

Author: TanYuan
Tutor: WeiSen
School: Central China Normal University
Course: Legal
Keywords: Copyright expansion Copyright restrictions Rational use of Technical measures
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 84
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Abstract

Technological progress is the direct cause of copyright expansion, but the extent of copyright expansion has exceeded the need to deal with the technical challenges, trigger a series of negative impact. This is dominated by the developed countries in Europe and the United States copyright expansion movement has been critical of academia and the judiciary, the excessive expansion of copyright would stifle cultural and technological innovation, the free dissemination of knowledge, threat to the public free access to and use of knowledge rights, China and India developing countries such as copyright scholars worried that developed countries Copyright excessive expansion will lead to a new round of \This paper discusses a series of problems caused by the expansion of copyright in the digital environment, and for China's copyright expansion actual specific response measures. The copyright of the article is divided into four parts, the introduction of the topics of the background, meaning and purpose; first part is to start from the copyright expansion mainly from three aspects of the object of copyright, copyright and technological protection measures introduced in the global expansion; Part II presents the main problems caused by the copyright expansion of copyright expansion of creative freedom, technological development, rational use and the negative impact of the exhaustion of powers principle that copyright expansion has exceeded reasonable limits, breaking the traditional copyright system efforts incentive creation and encourage the dissemination of knowledge to maintain a balance between, despite the original intention of the expansion is to make the traditional copyright law to adapt to the digital environment, but over-expansion substantially deepened the copyright system \first introduced the foreign theorists analysis of the validity of intellectual property, intellectual property utilitarian today's Western theoretical circles of intellectual property rights justify the validity of intellectual property is the most widely used theory, the theory of economic analysis to analyze the rationality of the system, abstract blur the legitimacy of standards show has a strong say rational, intuitive, quantitative analysis drawn the copyright expansion on a global scale has broken the balance between copyright owners and public interest, followed by proposed that due to the various national laws implementation status, degree of technological development, the copyright expansion of the actual impact is not the same, the validity of the analysis of copyright expansion must be country-specific actual combination, only from the the copyright expansion of globalization conclude that their legitimate or not there is no practical significance; Section IV presents China should improve the system of copyright restrictions in response to the expansion of the copyright, the first departure from the status quo of China's copyright expansion, analyze the existing problems in China's copyright legislation, followed by the response to the the copyright expansion of experience with international comparison proposed specific measures for the perfection of the system of copyright restrictions, pointed out that China should to curb copyright wanton expansion momentum at the same time provide the necessary incentives for the creation, promote the dissemination and sharing of knowledge, to the maximum extent of the release of the vitality of cultural creation and technological progress.

The Expansion of Copyright under the Digital Environment

Abstract

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