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Fair Use of the Copyright in the Digital Network Circumstance

Author: YuanXiaoQiu
Tutor: ChenJian
School: China University of Political Science
Course: Economic Law
Keywords: Copyright Fair Use Digital Network Circumstance
CLC: D923.41
Type: Master's thesis
Year: 2010
Downloads: 404
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Abstract

In copyright law field, to some extent, there are always kinds of confrontations among the creators, publishers and the users of the information. To keep the balance of the three parties’interest, "Fair use" exceptions were erected. Fair use, which is the most important and extensive restriction to the right owners, means that in special circumstances,without the owner’s permission and with no payment, the use of other’s copyright laws of all the countries, and meanwhile,it is also a most controversial and complicated rule in the copyright practice and theory.The principle of the modern Copyright Law is how to protect author’s benefits and the public benefits and equilibrium two of the benefits relation is a basic aim and tenet in legislative of Copyright Low. For achieve this basic aim, The Copyright Law ordain the right is exclusive right of the author and the production. And the law also give the reasonable stipulation to this exclusive right with the fair use in copyright system of realizes author’s benefits is mostly equilibrium with the social public benefits. Now, the author’s copyright is widespread to expand, and the fair use is reduced on the lawmaking of the copyright Low in the Network surroundings, however, copyright owners establish the technique protection on their production to safeguard their right, this make the extension of fair use more reducer in network surroundings and the public benefits were continuously supplanted. The copyright as a monopoly that will be brings negative influence to the society at the information exchange if the right was used in any inappropriate usage.There are four sections in the dissertation.The theory of the fundamental problems about fair use is stated in the first section, clear international norms status of system of the fair use, highlighting the rights of its authors and the interests of third parties except the authors.In the second section,the value of the fair use are examined in traditional circumstances.Through the maintenance of the interests between authors, disseminators and users, embodies the balance of interests principle and the "rational principle of fairness and justice".Then, the conflict and the new challenges in the context of digital network are analyzed in the third section,by the development of digital technology, the expansion of the right to copy, the remote education, the data libraries and the spirit. In the last section, the reformations in the context of digital network are analyzed.Put forward the principle of balance of interests by theory and, through a mixed model for specific types of legislative issues of fair use of the copyright system reconstruction

Fair Use of the Copyright in the Digital Network Circumstance

Abstract

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