Rational utilization of copyright under the network environment: crisis and solution
Yuanxin Zhu
Abstract
Yuanxin Zhu
Abstract
Rational utilization system is the major institutional arrangements to balance interests in the copyright law,but along with the development of network technology,the original copyright mechanism lost balance and reasonable system was broken by severe challenges.To better balance,under the network environment,the interests of copyright owners and the public,China's copyright law should revise fair use system from the current rules legislation mode to mixed legislation mode.Meanwhile,fair scope under the network environment should be broadened according to the present situation of China,copyright owners' right of technical measures should be strictly defined to prevent its misuse to guarantee public interests.
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Rational utilization system is the major institutional arrangements to balance interests in the copyright law,but along with the development of network technology,the original copyright mechanism lost balance and reasonable system was broken by severe challenges.To better balance,under the network environment,the interests of copyright owners and the public,China's copyright law should revise fair use system from the current rules legislation mode to mixed legislation mode.Meanwhile,fair scope under the network environment should be broadened according to the present situation of China,copyright owners' right of technical measures should be strictly defined to prevent its misuse to guarantee public interests.
Key concepts: Legislation, Scope (computer science), Balance (ability), Balance of interests, China, Law and economics, Business, Mode (computer interface)