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The Abuse of Copyright and Its Legal Regulation

Author: CuiYingSha
Tutor: LiuChunLin
School: Hebei University of Economics
Course: Legal
Keywords: Copyright abuse Legal Regulation Perfection of Legislation
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 58
Quote: 1
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Abstract


While so-called copyright abuse, copyright is relative to the exercise is concerned, beyond the extent permitted by law and the legitimate boundaries of copyright holders in the exercise of its rights, damage the legitimate rights and interests of other people and the improper use of this ultra boundaries and social and public interests. This abuse of rights is the principle of the right to abuse and civil law prohibits, contrary to the the value objectives pursued by the principle of balance of interests and the principle of fair competition. If unreasonable constraints this abuse of copyright, also against the value goal of the Copyright Law. In addition, the ever-changing network technology makes the rights of the copyright could be extended; With the accelerated pace of global economic integration, developing countries also frequently by the threat of developed countries in the field of copyright. Therefore, improve the existing copyright abuse the regulatory system, the establishment of the copyright system to adapt to social development, it is very necessary for the cause of the prosperity of the development of China's science and culture as well as domestic healthy and orderly competition in the field of intellectual property. Of regulation of copyright abuse of the system has not been the formation of a standardized system, including the Copyright Law of the creation of the reasonable use of the statutory license system, the addition also subject to prohibition rights abuse of the principle, the principle of balance of interests and the fair competition principle civil law principle of constraint; country \4, paragraph 2 of the General Provisions of the Act provides that copyright holders exercising their copyright, shall not violate the Constitution and laws, shall be without prejudice to the public interest \behavior, the provisions of this Law shall apply \As can be seen, the existing copyright abuse the regulatory system more dispersed, its design and apply obvious defects, the system needs to be improved in order to respond to technological innovation and promote the development of China's cultural undertakings. The theoretical analysis of this article by the prohibition of copyright abuse, combined with the domestic aspects of system design and proposed legislative contrast to other developed countries and regions, improve our regulatory copyright abuse of the legal process, we must first clear the promotion of innovation and application value targets Furthermore, it should be based on the conditions of our country, to work out the legal restrictions in line with China's actual copyright abuse does not deviate from the general direction of the balance between the pursuit of personal interests and the public interest; System improvement following recommendations: The first is the \develop specific regulations or guidelines to cope with the regulation of the specific circumstances of copyright abuse.

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