计算机字库著作权保护若干问题浅析
发布时间：2019-03-27 17:15
【摘要】：近几年中国出现了大量的计算机字库、字体侵权案件，然而在司法裁判中对于类似案件却有着截然不同的裁判结果，这引起了理论界和学术界的广泛争议。目前，计算机字库的知识产权保护在我国尚未有明确规定，学术研究和司法实践中对于计算机字库著作权侵权的相关问题上仍然存在诸多争议，这些争议主要集中在几个方面：计算机字库应否受著作权法的保护？计算机字库是计算机软件还是著作权法中所称的美术作品？计算机字库中的单字能否构成美术作品受著作权法保护等等。本文通过对计算机字库、字库单字相关司法判例的分析，通过对我国字库行业发展现状的系统阐述及字库著作权法律问题的探究，，来发现计算机字库的应有概念及法律属性。在划分字体为书面设计字体和计算机字体的基础上，认定具有独创性的书面设计字体可以作为实用艺术作品进行保护，计算机字库是计算机程序，计算机字体是计算机程序的运行结果，是不应受到法律保护的“特殊产品”。同时结合现实中计算机字库行业的诸多乱象，来说明计算机字库著作权应当进行一定程度限制的必要性。在借鉴国外对于计算机字库著作权保护方式并结合中国字库行业的现状，提出自己针对促进计算机字库行业规范健康发展以及加强著作权保护等方面的建议，旨在通过政府采购、规范管理等方式在不违背公共利益平衡的基础上对计算机字库行业进行管理，促进计算机字库行业的健康发展，推动社会主义市场经济的更好发展。文章共分为四个部分：第一部分，通过对计算机字库侵权案例分析，探求计算机字库保护实践中存在的问题；第二部分，中外计算机字库行业著作权保护情况比较，为完善我国相关制度提供借鉴；第三部分，通过对计算机字库和字库中的单字是否应受著作权法保护进行法律分析，阐述计算机字库应当作为计算机程序进行合理限度内保护、计算机字体及字库单字不受著作权保护的观点；第四部分，加强计算机字库行业著作权保护建议，考虑通过完善立法、规范管理、政府采购、强化执法等方式促进计算机字库产业的发展，以达到字库开发企业、字库使用企业和社会公众之间的公共利益平衡。
[Abstract]:In recent years, there have been a large number of computer fonts and font infringement cases in China. However, there are quite different adjudication results for similar cases in judicial adjudication, which has caused extensive controversy in the theoretical and academic circles. At present, the intellectual property protection of computer font has not been clearly defined in our country. There are still many disputes about copyright infringement of computer font in academic research and judicial practice. These disputes mainly focus on several aspects: should the computer font be protected by copyright law? Is the computer font a computer software or a work of art referred to in copyright law? Whether the single word in the computer font can constitute art works is protected by copyright law and so on. This article through the computer font, the word library related judicial precedent analysis, through the system elaboration to our country font industry development present situation and the character library copyright legal question inquiry, discovers the computer font should have the concept and the legal attribute. On the basis of dividing the font into a written design font and a computer font, it is concluded that the original written design font can be protected as a practical work of art, and the computer font library is a computer program. Computer fonts are the result of running computer programs and are "special products" that should not be protected by law. At the same time, combining with the chaos of computer font industry in reality, this paper explains the necessity that the copyright of computer font should be restricted to a certain extent. Referring to the copyright protection of computer font in foreign countries and combining with the present situation of Chinese font industry, this paper puts forward some suggestions to promote the healthy development of computer font industry and to strengthen the copyright protection, and so on. In order to promote the healthy development of computer font industry and to promote the better development of socialist market economy, this paper aims to manage the computer font industry through government procurement and standardized management without violating the balance of public interest. The article is divided into four parts: the first part, through the analysis of computer font infringement cases, to explore the problems existing in the practice of computer font protection; The second part compares the copyright protection of computer font industry at home and abroad in order to provide reference for perfecting the relevant system of our country. The third part, through the legal analysis of whether the computer font and the single word in the font should be protected by copyright law, expounds that the computer font should be protected within a reasonable limit as a computer program. The view that the font and font of computer are not protected by copyright; In the fourth part, we should strengthen the copyright protection of the computer font industry and consider promoting the development of the computer font industry through perfecting the legislation, standardizing the management, government procurement, and strengthening the enforcement of the law, so as to achieve the development of the font development enterprise. The font uses the balance of public interest between the enterprise and the public.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.41
本文编号：2448381
[Abstract]:In recent years, there have been a large number of computer fonts and font infringement cases in China. However, there are quite different adjudication results for similar cases in judicial adjudication, which has caused extensive controversy in the theoretical and academic circles. At present, the intellectual property protection of computer font has not been clearly defined in our country. There are still many disputes about copyright infringement of computer font in academic research and judicial practice. These disputes mainly focus on several aspects: should the computer font be protected by copyright law? Is the computer font a computer software or a work of art referred to in copyright law? Whether the single word in the computer font can constitute art works is protected by copyright law and so on. This article through the computer font, the word library related judicial precedent analysis, through the system elaboration to our country font industry development present situation and the character library copyright legal question inquiry, discovers the computer font should have the concept and the legal attribute. On the basis of dividing the font into a written design font and a computer font, it is concluded that the original written design font can be protected as a practical work of art, and the computer font library is a computer program. Computer fonts are the result of running computer programs and are "special products" that should not be protected by law. At the same time, combining with the chaos of computer font industry in reality, this paper explains the necessity that the copyright of computer font should be restricted to a certain extent. Referring to the copyright protection of computer font in foreign countries and combining with the present situation of Chinese font industry, this paper puts forward some suggestions to promote the healthy development of computer font industry and to strengthen the copyright protection, and so on. In order to promote the healthy development of computer font industry and to promote the better development of socialist market economy, this paper aims to manage the computer font industry through government procurement and standardized management without violating the balance of public interest. The article is divided into four parts: the first part, through the analysis of computer font infringement cases, to explore the problems existing in the practice of computer font protection; The second part compares the copyright protection of computer font industry at home and abroad in order to provide reference for perfecting the relevant system of our country. The third part, through the legal analysis of whether the computer font and the single word in the font should be protected by copyright law, expounds that the computer font should be protected within a reasonable limit as a computer program. The view that the font and font of computer are not protected by copyright; In the fourth part, we should strengthen the copyright protection of the computer font industry and consider promoting the development of the computer font industry through perfecting the legislation, standardizing the management, government procurement, and strengthening the enforcement of the law, so as to achieve the development of the font development enterprise. The font uses the balance of public interest between the enterprise and the public.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.41
【引证文献】
相关博士学位论文 前1条
1 何炼红;工业版权研究[D];西南政法大学;2007年
本文编号：2448381
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