數(shù)字技術(shù)環(huán)境下版權(quán)保護(hù)中的利益平衡機(jī)制研究
發(fā)布時(shí)間：2018-10-21 14:39
【摘要】：上世紀(jì)飛速發(fā)展起來的數(shù)字技術(shù)打破了業(yè)已形成的版權(quán)保護(hù)中的利益平衡,許多問題相伴而來,不僅版權(quán)保護(hù)機(jī)制中的基本概念發(fā)生變化,原有的版權(quán)人、傳播者以及公眾三者明晰間的身份界限也開始模糊,他們的利益格局在數(shù)字時(shí)代面臨著重大調(diào)整。從上世紀(jì)80年代末開始,美國、歐盟以及有關(guān)國家和地區(qū)紛紛探索重構(gòu)數(shù)字時(shí)代的版權(quán)利益平衡。美國在1988年率先頒布《數(shù)字千年版權(quán)法》,以解決數(shù)字技術(shù)留給版權(quán)保護(hù)的一些難題,歐盟也緊隨其后,于同年發(fā)布了《應(yīng)對數(shù)字技術(shù)挑戰(zhàn)的綠皮書》,而后又陸續(xù)頒布了《計(jì)算機(jī)程序指令》、《電子商務(wù)指令》等一系列適應(yīng)新技術(shù)條件的版權(quán)保護(hù)指令；還有世界知識(shí)產(chǎn)權(quán)組織頒布的兩項(xiàng)互聯(lián)網(wǎng)條約,都在尋求實(shí)現(xiàn)版權(quán)利益在數(shù)字時(shí)代的平衡。然而,法律的制定,機(jī)制的形成總是比技術(shù)的發(fā)展慢半拍。我國雖努力追趕技術(shù)的腳步,但在這方面的滯后性仍然阻礙了我國信息網(wǎng)絡(luò)產(chǎn)業(yè)和數(shù)字出版產(chǎn)業(yè)的后續(xù)發(fā)展。本文從美國、歐盟以及世界范圍內(nèi)應(yīng)對數(shù)字技術(shù)的立法出發(fā),探討我國在數(shù)字技術(shù)環(huán)境下建立版權(quán)保護(hù)利益平衡機(jī)制的可能性。論文共分成五章：第一章首先對“利益”、“平衡”、“利益平衡”等基本的概念進(jìn)行闡述,指出版權(quán)利益平衡的理論基礎(chǔ),厘清利益平衡對版權(quán)保護(hù)的重要性。第二章探討了數(shù)字技術(shù)的技術(shù)特征和數(shù)字環(huán)境下的版權(quán)利益主體,力圖把握其利益沖突及數(shù)字環(huán)境下的版權(quán)失衡所在。第三章和第四章主要論述了數(shù)字環(huán)境下版權(quán)人所享有的權(quán)利和對這些權(quán)利所施加的限制以及這些權(quán)利和限制在數(shù)字環(huán)境下的變遷。最后,通過對整個(gè)數(shù)字環(huán)境的考量,結(jié)合我國版權(quán)保護(hù)方面的獨(dú)特性,即法律和行政雙管齊下的體制特征,給出構(gòu)建數(shù)字環(huán)境版權(quán)利益平衡機(jī)制的具體措施,將權(quán)利人、傳播者以及公眾的利益確立下來,以促進(jìn)我國數(shù)字出版產(chǎn)業(yè)的發(fā)展。
[Abstract]:The rapid development of digital technology in the last century has broken the balance of interests in the copyright protection that has been formed. Many problems have come along, not only the basic concepts of the copyright protection mechanism have changed, but also the original copyright owners. The boundaries of identity between communicators and the public are beginning to blur, and their interests are facing major adjustments in the digital age. Since the late 1980s, the United States, the European Union and related countries and regions have explored the balance of copyright interests in the reconstruction of the digital age. The United States took the lead in enacting the Digital Millennium copyright Act in 1988 to address some of the challenges left by digital technology to copyright protection, followed by the European Union. In the same year, the Green Book to deal with the challenges of digital technology was issued, and then a series of copyright protection instructions were issued, such as computer Program Directive, E-Commerce Directive and so on, which adapted to the new technological conditions. And two internet treaties issued by the World intellectual property Organization seek to balance copyright interests in the digital age. However, the formulation of laws and the formation of mechanisms are always slower than the development of technology. Although our country makes great efforts to catch up with the pace of technology, the lag in this respect still hinders the follow-up development of our information network industry and digital publishing industry. Starting from the legislation of digital technology in the United States, the European Union and the world, this paper probes into the possibility of establishing a mechanism for balancing the interests of copyright protection in China under the environment of digital technology. The thesis is divided into five chapters: the first chapter expounds the basic concepts of "interest", "balance" and "balance of interests", points out the theoretical basis of the balance of copyright interests, and clarifies the importance of the balance of interests to the protection of copyright. The second chapter discusses the technological characteristics of digital technology and the subject of copyright interests in digital environment, and tries to grasp the conflict of interest and the imbalance of copyright in digital environment. The third and fourth chapters mainly discuss the rights enjoyed by copyright owners in digital environment and the restrictions imposed on these rights, as well as the changes of these rights and restrictions in digital environment. Finally, through the consideration of the whole digital environment, combined with the uniqueness of copyright protection in our country, that is, the legal and administrative characteristics of the system, the author gives the concrete measures to construct the balance mechanism of the copyright interests in the digital environment. The interests of communicators and the public are established to promote the development of digital publishing industry in China.
【學(xué)位授予單位】：復(fù)旦大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2014
【分類號(hào)】：D923.41
本文編號(hào)：2285401
[Abstract]:The rapid development of digital technology in the last century has broken the balance of interests in the copyright protection that has been formed. Many problems have come along, not only the basic concepts of the copyright protection mechanism have changed, but also the original copyright owners. The boundaries of identity between communicators and the public are beginning to blur, and their interests are facing major adjustments in the digital age. Since the late 1980s, the United States, the European Union and related countries and regions have explored the balance of copyright interests in the reconstruction of the digital age. The United States took the lead in enacting the Digital Millennium copyright Act in 1988 to address some of the challenges left by digital technology to copyright protection, followed by the European Union. In the same year, the Green Book to deal with the challenges of digital technology was issued, and then a series of copyright protection instructions were issued, such as computer Program Directive, E-Commerce Directive and so on, which adapted to the new technological conditions. And two internet treaties issued by the World intellectual property Organization seek to balance copyright interests in the digital age. However, the formulation of laws and the formation of mechanisms are always slower than the development of technology. Although our country makes great efforts to catch up with the pace of technology, the lag in this respect still hinders the follow-up development of our information network industry and digital publishing industry. Starting from the legislation of digital technology in the United States, the European Union and the world, this paper probes into the possibility of establishing a mechanism for balancing the interests of copyright protection in China under the environment of digital technology. The thesis is divided into five chapters: the first chapter expounds the basic concepts of "interest", "balance" and "balance of interests", points out the theoretical basis of the balance of copyright interests, and clarifies the importance of the balance of interests to the protection of copyright. The second chapter discusses the technological characteristics of digital technology and the subject of copyright interests in digital environment, and tries to grasp the conflict of interest and the imbalance of copyright in digital environment. The third and fourth chapters mainly discuss the rights enjoyed by copyright owners in digital environment and the restrictions imposed on these rights, as well as the changes of these rights and restrictions in digital environment. Finally, through the consideration of the whole digital environment, combined with the uniqueness of copyright protection in our country, that is, the legal and administrative characteristics of the system, the author gives the concrete measures to construct the balance mechanism of the copyright interests in the digital environment. The interests of communicators and the public are established to promote the development of digital publishing industry in China.
【學(xué)位授予單位】：復(fù)旦大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2014
【分類號(hào)】：D923.41
【參考文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 蔡婕;網(wǎng)絡(luò)環(huán)境下信息共享與版權(quán)保護(hù)的失衡及其對策研究[D];華中師范大學(xué);2012年
，本文編號(hào)：2285401
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