Fair use doctrine is easily controversial and difficult to judge,and owning to the coming of the new age,fair use doctrine becomes more troublesome.This paper will hold the balance between the right of reproduction of...Fair use doctrine is easily controversial and difficult to judge,and owning to the coming of the new age,fair use doctrine becomes more troublesome.This paper will hold the balance between the right of reproduction of library and the publisher interests by approaching a case under these four elements:the requirement for the Purpose and character of the use;The nature of the copyrighted work;The amount and substantiality of the works used in relation to the copyrighted work as a whole;The effect of the use upon the potential market for and value of the copyrighted work.展开更多
It is common for teachers to use others'copyrighted works for the purpose of teaching.The current copyright law in many nations only exempts educational use in the context of offline classroom teaching.The use of ...It is common for teachers to use others'copyrighted works for the purpose of teaching.The current copyright law in many nations only exempts educational use in the context of offline classroom teaching.The use of others’copyrighted material in online teaching may still constitute copyright infringement.To protect teachers from the chilling effect of copyright infringement,to safeguard the public's freedom to obtain knowledge,and to ensure the commensurability of the profits and responsibilities of online teaching platforms,this paper proposes a levy scheme for online teaching.Under the levy scheme,teachers are free to use others’published work for the purpose of online teaching,provided that such use does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interest of the copyright owner.Online teaching platforms should remunerate the copyright owner of the work used in the platform according to the number of participants of the course that uses such work.展开更多
The fan works are produced and widely distributed on the Internet,and are dependent on the original works,but have their own originality.Therefore,whether it is protected by copyright law and whether it infringes on t...The fan works are produced and widely distributed on the Internet,and are dependent on the original works,but have their own originality.Therefore,whether it is protected by copyright law and whether it infringes on the copyright of the original work has become the focus of academic debate.Despite the possible conflict of copyright with the original work,the law should not completely deny the legitimacy of fan works based on its own characteristics and public interest as well as the needs of social and cultural development,but should regulate the elements of its legitimacy on the basis of clarifying its legal attributes and seek reasonable ways to protect the legitimate rights and interests of the original work.展开更多
The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based...The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.展开更多
文摘Fair use doctrine is easily controversial and difficult to judge,and owning to the coming of the new age,fair use doctrine becomes more troublesome.This paper will hold the balance between the right of reproduction of library and the publisher interests by approaching a case under these four elements:the requirement for the Purpose and character of the use;The nature of the copyrighted work;The amount and substantiality of the works used in relation to the copyrighted work as a whole;The effect of the use upon the potential market for and value of the copyrighted work.
基金This work was supported by Guangdong Planning Office of Philosophy and Social Sciences 2020(project no.GD20YFX05).
文摘It is common for teachers to use others'copyrighted works for the purpose of teaching.The current copyright law in many nations only exempts educational use in the context of offline classroom teaching.The use of others’copyrighted material in online teaching may still constitute copyright infringement.To protect teachers from the chilling effect of copyright infringement,to safeguard the public's freedom to obtain knowledge,and to ensure the commensurability of the profits and responsibilities of online teaching platforms,this paper proposes a levy scheme for online teaching.Under the levy scheme,teachers are free to use others’published work for the purpose of online teaching,provided that such use does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interest of the copyright owner.Online teaching platforms should remunerate the copyright owner of the work used in the platform according to the number of participants of the course that uses such work.
文摘The fan works are produced and widely distributed on the Internet,and are dependent on the original works,but have their own originality.Therefore,whether it is protected by copyright law and whether it infringes on the copyright of the original work has become the focus of academic debate.Despite the possible conflict of copyright with the original work,the law should not completely deny the legitimacy of fan works based on its own characteristics and public interest as well as the needs of social and cultural development,but should regulate the elements of its legitimacy on the basis of clarifying its legal attributes and seek reasonable ways to protect the legitimate rights and interests of the original work.
文摘The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.
