版权补偿金制度研究
发布时间：2019-06-04 23:42
【摘要】： 版权补偿金制度是欧美一些国家著作权保护的一项特别制度安排,其创立的初衷是为了缓和模拟技术条件下著作权人与使用人之间的紧张关系,在不同的国家其具体内容各不相同,并且经历了不同历史日寸期的发展与变革。在数字时代,版权补偿金制度面临着前所未有的危机,因为信息网络技术的迅速发展改变了我们获取信息的方式,也改变了版权人获取经济利益的方式。利用刻录机、MP3、网络下载、搜索引擎、P2P软件等技术设备,个人复制及公众对于网络资源的无限制使用已经超出了版权人所能容忍的合理使用的限度,如何通过有效的措施,在满足公众的信息共享的同时保证版权人的经济利益不致受到过分损害,是摆在我们面前的一个似乎难以两全的问题。但即便如此,新时代下版权补偿金制度仍具有不可替代的制度价值,并发挥了一定的实际作用,值得我们关注和借鉴。从我国著作权立法和司法的实际来看,导入版权补偿金制度不仅必要而且也十分可行。 在结构上,本文共分为四部分: 第一部分是对版权补偿金制度的概括介绍与分析。包括版权补偿金制度的含义、内容、产生背景及立法思想。本部分的重点是版权补偿金制度产生的直接原因——私人复制,以及版权补偿金制度的价值目标。 第二部分是版权补偿金制度在国外的立法实践。介绍了德国版权补偿金制度的发展和沿革,以及美国关于补偿金制度的立法情况和实际运作。最后分析了补偿金制度在这些国家得以确立的条件。 第三部分是版权补偿金制度在数字时代面临的冲击与挑战。反思版权补偿金制度的合理性,通过批判数字环境下的合理使用制度,阐释版权补偿金制度在数字网络环境下的普适性,进而提出了版权补偿金制度应对数字网络挑战的制度措施和技术措施。 第四部分是建立我国的版权补偿金制度。阐述了我国的著作权立法现状,指出将版权补偿金制度引入我国所面临的问题。最后重点分析了建立我国版权补偿金制度的必要性与可行性,并构建了我国版权补偿金制度的模式。
[Abstract]:The copyright compensation system is a special institutional arrangement for copyright protection in some countries in Europe and the United States. Its original intention is to ease the tension between copyright owners and users under the condition of simulated technology. In different countries, its specific content is different, and has experienced the development and change of different historical days. In the digital age, the copyright compensation system is facing an unprecedented crisis, because the rapid development of information network technology has changed the way we obtain information, but also the way copyright owners obtain economic benefits. Using recorder, MP3, network download, search engine, P2P software and other technical equipment, personal replication and unlimited use of network resources by the public have exceeded the limits of reasonable use that copyright owners can tolerate, how to adopt effective measures. It seems difficult for us to meet the information sharing of the public and to ensure that the economic interests of copyright owners are not too damaged. However, even so, the copyright compensation system in the new era still has irreplaceable institutional value, and has played a certain practical role, which is worthy of our attention and reference. From the reality of copyright legislation and judicature in our country, it is not only necessary but also feasible to introduce copyright compensation system. In terms of structure, this paper is divided into four parts: the first part is a general introduction and analysis of copyright compensation system. Including the meaning, content, background and legislative thought of copyright compensation system. The focus of this part is the direct cause of copyright compensation system-private reproduction, as well as the value goal of copyright compensation system. The second part is the legislative practice of copyright compensation system in foreign countries. This paper introduces the development and evolution of the copyright compensation system in Germany, as well as the legislation and actual operation of the compensation system in the United States. Finally, the conditions under which the compensation system can be established in these countries are analyzed. The third part is the impact and challenge of copyright compensation system in the digital age. Reflecting on the rationality of the copyright compensation system, by criticizing the reasonable use system in the digital environment, this paper explains the universality of the copyright compensation system in the digital network environment. Then the system and technical measures of copyright compensation system to meet the challenges of digital network are put forward. The fourth part is to establish the copyright compensation system of our country. This paper expounds the present situation of copyright legislation in our country, and points out the problems faced by introducing the copyright compensation system into our country. Finally, the necessity and feasibility of establishing copyright compensation system in China are analyzed, and the mode of copyright compensation system in China is constructed.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D923.41
本文编号：2493087
[Abstract]:The copyright compensation system is a special institutional arrangement for copyright protection in some countries in Europe and the United States. Its original intention is to ease the tension between copyright owners and users under the condition of simulated technology. In different countries, its specific content is different, and has experienced the development and change of different historical days. In the digital age, the copyright compensation system is facing an unprecedented crisis, because the rapid development of information network technology has changed the way we obtain information, but also the way copyright owners obtain economic benefits. Using recorder, MP3, network download, search engine, P2P software and other technical equipment, personal replication and unlimited use of network resources by the public have exceeded the limits of reasonable use that copyright owners can tolerate, how to adopt effective measures. It seems difficult for us to meet the information sharing of the public and to ensure that the economic interests of copyright owners are not too damaged. However, even so, the copyright compensation system in the new era still has irreplaceable institutional value, and has played a certain practical role, which is worthy of our attention and reference. From the reality of copyright legislation and judicature in our country, it is not only necessary but also feasible to introduce copyright compensation system. In terms of structure, this paper is divided into four parts: the first part is a general introduction and analysis of copyright compensation system. Including the meaning, content, background and legislative thought of copyright compensation system. The focus of this part is the direct cause of copyright compensation system-private reproduction, as well as the value goal of copyright compensation system. The second part is the legislative practice of copyright compensation system in foreign countries. This paper introduces the development and evolution of the copyright compensation system in Germany, as well as the legislation and actual operation of the compensation system in the United States. Finally, the conditions under which the compensation system can be established in these countries are analyzed. The third part is the impact and challenge of copyright compensation system in the digital age. Reflecting on the rationality of the copyright compensation system, by criticizing the reasonable use system in the digital environment, this paper explains the universality of the copyright compensation system in the digital network environment. Then the system and technical measures of copyright compensation system to meet the challenges of digital network are put forward. The fourth part is to establish the copyright compensation system of our country. This paper expounds the present situation of copyright legislation in our country, and points out the problems faced by introducing the copyright compensation system into our country. Finally, the necessity and feasibility of establishing copyright compensation system in China are analyzed, and the mode of copyright compensation system in China is constructed.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D923.41
【引证文献】
相关博士学位论文 前1条
1 周丽霞;数字图书馆版权获取研究[D];吉林大学;2011年
相关硕士学位论文 前4条
1 张凤艳;论网络环境下的私人复制[D];西南政法大学;2011年
2 王金凤;我国出版社数字出版的版权问题与对策研究[D];安徽大学;2011年
3 张婵;数字环境下多元化版权授权模式研究[D];湘潭大学;2011年
4 李悦佳;数字化环境下私人复制补偿金制度初探[D];东北师范大学;2011年
，本文编号：2493087
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