oalib
Search Results: 1 - 10 of 100 matches for " "
All listed articles are free for downloading (OA Articles)
Page 1 /100
Display every page Item
The Copyright Licensing Mode in the Cyber-Space in China
我国网络环境下著作权许可模式研究

Li Yongming,Qian Julei,
李永明
,钱炬雷

浙江大学学报(人文社会科学版) , 2008,
Abstract: Copyright licensing is one of the main forms of copyright.In the Cyber-Space,there are lots of obstacles to copyright licensing.It is difficult to get mass copyright licensing.Therefore it is an inevitable task to discuss the mass copyright licensing mode,in order that copyright law can adapt itself to technological developments.Copyright is a private right.The protection and limit of copyright manifest the interests balance doctrine of copyright law.As far as copyright protection is concerned,use of copyrighted works should be authorized beforehand.It is the theoretical precondition to discuss the mass copyright licensing mode.There are several copyright licensing forms in the West,such as collective copyright management,levy,creative commons,etc. They are helpful in perfecting China's copyright law.The existing copyright licensing forms in China have some defects.According to the fundamental spirit of copyright laws,a copyright licensing mode which is accommodated to the Cyber-Space should be proposed.Such a copyright licensing mode should take copyright collective management as the basic copyright licensing form. Meanwhile,this mode should also include diverse copyright licensing forms,such as creative commons,levy,License-Offer,Chaoxing Mode,and so on.These copyright licensing forms should make full use of digital technology and Internet technology to reduce exchange costs.
Limitations: The Centerpiece of Copyright in Distress
Thomas Dreier
JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law , 2010,
Abstract: After the exclusive rights in copyright have been consolidated in a century-long historical development, limitations and exceptions have become the main instrument to determine the exact scope of copyright. Limitations and exceptions do not merely fine-tune copyright protection. Rather, they balance the interests of authors, rightholders, competitors and end-users in a quadrupolar copyright system. Understanding this is of particular importance in the digital and networked information society, where copyrighted information is not only created and consumed, but constantly extracted, regrouped, repackaged, recombined, abstracted and interpreted. However, serious doubts exist whether the present, historically grown system of limitations adequately balances the interests involved in the information society. Both the closed list of limitations allowed under Art. 5 of the EU Information Society Directive 2001/29/EC and a narrowly interpreted three-step test contained in Arts. 13 TRIPS and 5 (5) of the Information Society Directive appear as obstacles in the way of achieving the appropriate balance needed. This brief article outlines the issues involved which were discussed at the International Conference on “Commons, Users, Service Providers – Internet (Self-) Regulation and Copyright” which took place in Hannover, Germany, on 17/18 March 2010 on the occasion of the launch of JIPITEC.
The Police Logic of Balancing the Interests in Copyright Law  [cached]
Rocque Reynolds
Public Space : the Journal of Law and Social Justice , 2010,
Abstract: This article examines the use of the phrase ‘balancing the interests’ in political debate relating to copyright law. I argue that this phrase no longer leads to broad debate on the proper balance to be struck between private, public and social interests in copyright law. Rather, today the phrase has come to represent a type of police logic which reflects the private interests of copyright owners and users as they already exist. Drawing on the work of Jacques Rancière I suggest that this balance of private interests may be upset by a strategy of ‘subjectivisation’ which challenges the existing distribution of social bodies by making new subjects appear. I conclude that the recent cases of Telstra Corporation v Phone Directories Company Pty Ltd1 and IceTV Pty Ltd v Nine Network Australia Pty Ltd2 represent a surprising and effective use of this strategy by reintroducing the ‘artist’ and the ‘maker’ into copyright law in such a way as to upset and displace the prior claims of copyright owners and users.
Balance of Power between Copyright Owners and Music Teachers  [PDF]
Givewell Munyaradzi, Richard Makoni
Creative Education (CE) , 2012, DOI: 10.4236/ce.2012.32032
Abstract: This contextual paper investigated literature on copyright owners and music educators. The purpose of the paper was to explore the balance of power in the music industry and the education system. In this study the researchers utilized internet resources, available literature in the library and information from informal interview with both music educators and copyright owners. Major findings of the study are as follows: There is a shake balance of power between copyright owners and music educators as music educators seem to be taking advantage of the existing cooperate laws. The TEACH Act does not affect non-members; therefore, the balance of power does not apply to all countries especially developing nations. The raise of modern technology including the internet affected the relationship in intellectual of property. In the work of these findings the researchers recommended that efforts should be made to harmonize stake holders from all countries through the facilitations of the United Nations. Researchers further recommended that technological interrelations is needed in order to monitor internet and related resources to check on abuse or misuse of music resources.
Study on the Construction of Perfecting the Collective Administration System of Network Copyright  [cached]
Ning Han
Journal of Politics and Law , 2011, DOI: 10.5539/jpl.v4n2p139
Abstract: The collective administration of copyright is the system designed to protect and administrate the copyright. In nature, the collective administration of copyright is a kind of civil rights administration system, and a kind of concrete form of trust. With the development of the networking society, it is urgent to strengthen and perfect the collective administration system in network environment.
公共文化机构数字化利用绝版作品的著作权授权机制探讨
Discussion on the copyright authorization mechanism of the digital utilization of out-of-commerce works by public cultural institutions
 [PDF]

何炼红,郑宏飞
HE Lianhong
, ZHENG Hongfei

- , 2018, DOI: 1672-3104(2018)04-0032-10
Abstract: 摘 要: 随着互联网时代的到来,公共文化机构大规模数字化建设的步伐日益加快。授权许可、合理使用、法定许可等传统著作权授权机制在数字环境下均存在不同程度的局限性,导致我国公共文化机构数字化利用绝版作品面临高昂的交易成本或潜在的侵权风险。建议完善我国著作权法(修订草案送审稿)第六十三条的规定,引入著作权延伸性集体管理作为公共文化机构数字化利用绝版作品的一种可行路径。由具有广泛代表性的著作权集体管理组织对具有文化传承价值的绝版作品进行延伸性集体管理,并从程序上和实体上为绝版作品著作权人建立权利保障机制,以实现保障著作权人合法权益和促进优秀文化传承的有机统一。
Abstract: With the advent of the Internet age, the pace of large-scale digital construction of public cultural institutions is accelerating. Traditional authorization mechanism, such as authorization license, fair use, and statutory license are different degrees of limitations in the digital environment, which leads to the fact that digital utilization of out-of-commerce works by public cultural institution in our country confronts high transaction costs or potential infringement risks. It is therefore suggested that the provisions of Article 63 of our copyright law (revised draft for review) be improved, that extensible collective governance of copyright be introduced as a feasible path to the digital use of out-of-commerce works by public cultural institutions. It can achieve the organic unity of safeguarding the legitimate rights and interests of copyright owners and promoting the transmission of excellent culture, by undertaking extensive collective governance over out-of-commerce works with cultural inheritance value by representative institutions of copyright collective management, and by establishing the rights protection mechanism for copy-right holders both procedurally and practically
Stealing the Goose: Copyright and Learning  [cached]
Rory McGreal
International Review of Research in Open and Distance Learning , 2004,
Abstract: The Internet is the world's largest knowledge common and the information source of first resort. Much of this information is open and freely available. However, there are organizations and companies today that are trying to close off the Internet commons and make it proprietary. These are the “copyright controllers.” The preservation of the commons and expanding access to digital content and applications are very important for distance educators. The educational exemptions for “fair use” in the United States and “fair dealing” in the Commonwealth countries are integral to any understanding of copyright, which was instituted for the dissemination of knowledge, and not, as is commonly believed, to protect the rights of the copyright owners. Copyright law was expressly introduced to limit their rights. Yet, these controllers are successfully turning a “copy” right into a property right. The traditional rights of learning institutions are being taken away. The balance for researchers should be restored. Research and learning must be allowed the broad interpretation that was intended in the original laws.
The balance principle in scientific research  [cached]
Liang-ping Hu
Zhong Xi Yi Jie He Xue Bao , 2012,
Abstract: The principles of balance, randomization, control and repetition, which are closely related, constitute the four principles of scientific research. The balance principle is the kernel of the four principles which runs through the other three. However, in scientific research, the balance principle is always overlooked. If the balance principle is not well performed, the research conclusion is easy to be denied, which may lead to the failure of the whole research. Therefore, it is essential to have a good command of the balance principle in scientific research. This article stresses the definition and function of the balance principle, the strategies and detailed measures to improve balance in scientific research, and the analysis of the common mistakes involving the use of the balance principle in scientific research.
Collective flow and balance energy in asymmetric heavy-ion collisions  [PDF]
Supriya Goyal,S. Gautam,Aman D. Sood,Rajeev K. Puri
Physics , 2011,
Abstract: Collective flow and balance energy in asymmetric heavy-ion collisions
Media Neutrality or Stakeholder Inequality? Why emerging technology requires a rethinking of the stakeholder balance in copyright law.
Kieran G Donovan
Public Space : the Journal of Law and Social Justice , 2010,
Abstract: This paper considers a number of emerging technologies and how they challenge the underpinnings of copyright law in Australia. It draws upon the idea that copyright law must ‘balance’ the rights of stakeholders (creators of works, inventors of technology and users of works) in order to provide the most effective environment for the protection and use of works. This paper further suggests that existing copyright legislation can be divided into provisions that offer rights to creators of works (‘front end’ provisions), and other provisions that restrict the rights of users and inventors of technology (the ‘back end’ provisions). It analyses the use of ‘media neutral’ language in copyright legislation in both the front and back end provisions and argues that the creators of works have far broader rights and protections than those offered in the back end to users and inventors. Further, through an analysis of emerging technologies it is argued that this imbalance offers an environment that restricts the uptake of new technologies and fails to properly foster the protection of the rights of users of these new works and technologies.
Page 1 /100
Display every page Item


Home
Copyright © 2008-2017 Open Access Library. All rights reserved.