2010Yunnan Nongye Daxue xuebaoRequires access

The Balance of Copyright Protection and Public Interest in the Network Environment:From the Perspective of Copyright's Expansion and Limitation

Cui Yan-feng

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Abstract

The primary reason for copyright law system arrangement is to maintain the balance between the copyright owner and the social public interests. However, although copyright protection is getting expanded under the network environment, there was no right for the public to use the works. The interests between copyright owner and the public user are imbalance. This article was written from the perspective of the expansion of protecting copyright under the network environment. There are two paradigms of copyright protection:market paradigm and the proximity paradigm (based on the different viewpoints on the two paradigms, there are different copyright protection mode under network environment). Network copyright needs to be given appropriate restrictions to realize balance between copyright owner and public interests:intelligent use and limitation of legal permit.

About this research paper

What this paper is about

The primary reason for copyright law system arrangement is to maintain the balance between the copyright owner and the social public interests. However, although copyright protection is getting expanded under the network environment, there was no right for the public to use the works. The interests between copyright owner and the public user are imbalance. This article was written from the perspective of the expansion of protecting copyright under the network environment. There are two paradigms of copyright protection:market paradigm and the proximity paradigm (based on the different viewpoints on the two paradigms, there are different copyright protection mode under network environment). Network copyright needs to be given appropriate restrictions to realize balance between copyright owner and public interests:intelligent use and limitation of legal permit.

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Available abstract

The primary reason for copyright law system arrangement is to maintain the balance between the copyright owner and the social public interests. However, although copyright protection is getting expanded under the network environment, there was no right for the public to use the works. The interests between copyright owner and the public user are imbalance. This article was written from the perspective of the expansion of protecting copyright under the network environment. There are two paradigms of copyright protection:market paradigm and the proximity paradigm (based on the different viewpoints on the two paradigms, there are different copyright protection mode under network environment). Network copyright needs to be given appropriate restrictions to realize balance between copyright owner and public interests:intelligent use and limitation of legal permit.

Key concepts: Viewpoints, Balance (ability), Copyright law, Perspective (graphical), Balance of interests, Public interest, Public domain, Copyright Act

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