数字技术环境下版权保护中的利益平衡机制研究
发布时间：2018-10-21 14:39
【摘要】：上世纪飞速发展起来的数字技术打破了业已形成的版权保护中的利益平衡,许多问题相伴而来,不仅版权保护机制中的基本概念发生变化,原有的版权人、传播者以及公众三者明晰间的身份界限也开始模糊,他们的利益格局在数字时代面临着重大调整。从上世纪80年代末开始,美国、欧盟以及有关国家和地区纷纷探索重构数字时代的版权利益平衡。美国在1988年率先颁布《数字千年版权法》,以解决数字技术留给版权保护的一些难题,欧盟也紧随其后,于同年发布了《应对数字技术挑战的绿皮书》,而后又陆续颁布了《计算机程序指令》、《电子商务指令》等一系列适应新技术条件的版权保护指令；还有世界知识产权组织颁布的两项互联网条约,都在寻求实现版权利益在数字时代的平衡。然而,法律的制定,机制的形成总是比技术的发展慢半拍。我国虽努力追赶技术的脚步,但在这方面的滞后性仍然阻碍了我国信息网络产业和数字出版产业的后续发展。本文从美国、欧盟以及世界范围内应对数字技术的立法出发,探讨我国在数字技术环境下建立版权保护利益平衡机制的可能性。论文共分成五章：第一章首先对“利益”、“平衡”、“利益平衡”等基本的概念进行阐述,指出版权利益平衡的理论基础,厘清利益平衡对版权保护的重要性。第二章探讨了数字技术的技术特征和数字环境下的版权利益主体,力图把握其利益冲突及数字环境下的版权失衡所在。第三章和第四章主要论述了数字环境下版权人所享有的权利和对这些权利所施加的限制以及这些权利和限制在数字环境下的变迁。最后,通过对整个数字环境的考量,结合我国版权保护方面的独特性,即法律和行政双管齐下的体制特征,给出构建数字环境版权利益平衡机制的具体措施,将权利人、传播者以及公众的利益确立下来,以促进我国数字出版产业的发展。
[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.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.41
本文编号：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.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.41
【参考文献】
相关硕士学位论文 前1条
1 蔡婕;网络环境下信息共享与版权保护的失衡及其对策研究[D];华中师范大学;2012年
，本文编号：2285401
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