论数字环境下的版权扩张
发布时间：2019-01-01 11:24
【摘要】：技术进步是版权扩张的直接原因,但是版权扩张的程度已经超过应对技术挑战的需要,引发一系列的负面影响。这场由欧美发达国家主导的版权扩张运动已经遭到学界和司法界的批判,版权的过度扩张会扼杀文化和技术创新、知识的自由传播,威胁公众自由接触和使用知识的权利,中国以及印度等发展中国家的版权学者则担心发达国家版权过度扩张会引发新一轮的“文化殖民主义”。本文探讨了数字环境下版权扩张所引发的一系列问题,并针对我国版权扩张的实际提出具体的应对措施。 文章分四个部分,绪论说明了选题的背景、意义和目的；第一部分从版权扩张的主要表现入手,从版权的客体、版权的内容以及技术保护措施三方面介绍版权在全球扩张的情况；第二部分提出版权扩张所引发的主要问题,阐述了版权扩张对创作自由、技术发展、合理使用和权力穷竭原则的负面影响,指出版权扩张已经超过合理的限度,打破了传统版权制度努力在激励创作和鼓励知识传播之间维持的平衡,尽管其扩张的初衷是使传统版权法适应数字化环境,但是过度扩张实质上加深了版权制度的“数字危机”；第三部分分析版权扩张的正当性,首先介绍了国外理论界对知识产权正当性的分析,知识产权功利论是当今西方知识产权理论界证成知识产权正当性使用最广泛的理论,该理论使用经济分析方法分析制度的合理性,将抽象模糊的正当性标准以直观、量化的方式展现具有较强的说理性,通过分析得出尽管版权在全球范围内的扩张已经打破版权人同公共利益之间的平衡,其次提出由于各个国家法律实施的状况、技术发展的程度不同,版权扩张带来的实际影响并不相同,分析版权扩张的正当性必须同具体国家的实际相结合,仅从目前版权扩张的全球化趋势断定其正当与否没有现实意义；第四部分提出我国应当完善版权限制制度以应对版权的扩张,首先从我国版权扩张的现状出发,分析我国版权立法中存在的问题,其次通过与国际上应对版权扩张的经验相比较,提出我国完善版权限制制度的具体措施,指出我国应当遏制版权肆意扩张的势头,为创作提供必要激励的同时,促进知识的传播和共享,最大程度释放出文化创造和技术进步的活力。
[Abstract]:Technological progress is the direct cause of copyright expansion, but the extent of copyright expansion has exceeded the need to meet the technological challenges, causing a series of negative effects. The copyright expansion movement, led by developed countries in Europe and the United States, has been criticized by academic and judicial circles. Excessive copyright expansion will stifle cultural and technological innovation, free dissemination of knowledge, and threaten the public's right of free access to and use of knowledge. Copyright scholars in developing countries such as China and India worry that overexpansion in developed countries could trigger a new wave of "cultural colonialism." This paper discusses a series of problems caused by copyright expansion in digital environment, and puts forward some concrete measures to deal with the actual situation of copyright expansion in China. The article is divided into four parts, the introduction explains the background, significance and purpose of the topic; The first part introduces the global expansion of copyright from three aspects: the object of copyright, the content of copyright and the technical protection measures. The second part puts forward the main problems caused by copyright expansion, expounds the negative effects of copyright expansion on the principles of freedom of creation, technological development, rational use and exhaustion of power, and points out that the expansion of copyright has exceeded the reasonable limit. Breaking the balance that the traditional copyright system tries to maintain between encouraging creation and encouraging the spread of knowledge, even though its expansion is intended to adapt traditional copyright law to the digital environment, But the excessive expansion actually deepens the "digital crisis" of the copyright system; The third part analyzes the legitimacy of copyright expansion, first introduces the analysis of the legitimacy of intellectual property rights in foreign theorists, intellectual property utilitarianism is the most widely used theory of intellectual property rights in the western intellectual property theory. The theory uses the economic analysis method to analyze the rationality of the system, and presents the abstract and fuzzy legitimacy standard in an intuitive and quantitative way with a strong sense of rationality. Through analysis, it is concluded that although the global expansion of copyright has broken the balance between copyright owners and the public interest, the second point is that the degree of technological development is different because of the state of law enforcement in various countries. The actual influence brought by copyright expansion is not the same. The analysis of the legitimacy of copyright expansion must be combined with the actual situation of a specific country, and it is of no practical significance to judge whether it is legitimate or not only from the current globalization trend of copyright expansion; The fourth part puts forward that our country should perfect the copyright restriction system to deal with the expansion of copyright. Firstly, from the current situation of copyright expansion in China, the problems existing in the copyright legislation of our country are analyzed. Secondly, by comparing with the international experience in dealing with copyright expansion, this paper puts forward some concrete measures to perfect the copyright restriction system in China, and points out that China should contain the momentum of copyright wanton expansion and provide the necessary incentives for creation at the same time. Promote the dissemination and sharing of knowledge to maximize the vitality of cultural creation and technological progress.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923.41
本文编号：2397488
[Abstract]:Technological progress is the direct cause of copyright expansion, but the extent of copyright expansion has exceeded the need to meet the technological challenges, causing a series of negative effects. The copyright expansion movement, led by developed countries in Europe and the United States, has been criticized by academic and judicial circles. Excessive copyright expansion will stifle cultural and technological innovation, free dissemination of knowledge, and threaten the public's right of free access to and use of knowledge. Copyright scholars in developing countries such as China and India worry that overexpansion in developed countries could trigger a new wave of "cultural colonialism." This paper discusses a series of problems caused by copyright expansion in digital environment, and puts forward some concrete measures to deal with the actual situation of copyright expansion in China. The article is divided into four parts, the introduction explains the background, significance and purpose of the topic; The first part introduces the global expansion of copyright from three aspects: the object of copyright, the content of copyright and the technical protection measures. The second part puts forward the main problems caused by copyright expansion, expounds the negative effects of copyright expansion on the principles of freedom of creation, technological development, rational use and exhaustion of power, and points out that the expansion of copyright has exceeded the reasonable limit. Breaking the balance that the traditional copyright system tries to maintain between encouraging creation and encouraging the spread of knowledge, even though its expansion is intended to adapt traditional copyright law to the digital environment, But the excessive expansion actually deepens the "digital crisis" of the copyright system; The third part analyzes the legitimacy of copyright expansion, first introduces the analysis of the legitimacy of intellectual property rights in foreign theorists, intellectual property utilitarianism is the most widely used theory of intellectual property rights in the western intellectual property theory. The theory uses the economic analysis method to analyze the rationality of the system, and presents the abstract and fuzzy legitimacy standard in an intuitive and quantitative way with a strong sense of rationality. Through analysis, it is concluded that although the global expansion of copyright has broken the balance between copyright owners and the public interest, the second point is that the degree of technological development is different because of the state of law enforcement in various countries. The actual influence brought by copyright expansion is not the same. The analysis of the legitimacy of copyright expansion must be combined with the actual situation of a specific country, and it is of no practical significance to judge whether it is legitimate or not only from the current globalization trend of copyright expansion; The fourth part puts forward that our country should perfect the copyright restriction system to deal with the expansion of copyright. Firstly, from the current situation of copyright expansion in China, the problems existing in the copyright legislation of our country are analyzed. Secondly, by comparing with the international experience in dealing with copyright expansion, this paper puts forward some concrete measures to perfect the copyright restriction system in China, and points out that China should contain the momentum of copyright wanton expansion and provide the necessary incentives for creation at the same time. Promote the dissemination and sharing of knowledge to maximize the vitality of cultural creation and technological progress.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923.41
【引证文献】
相关硕士学位论文 前1条
1 郭情情;著作权限制制度在数字图书馆中的适用研究[D];东北师范大学;2012年
，本文编号：2397488
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