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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

Keywords: internet,copyright,licensing mode
网络
,著作权,许可模式

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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.

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