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
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 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
The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print di...The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.展开更多
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.
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 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.
基金a periodic research result of the Case Study of Copyright Protection in Media Convergence in the Digital Era(Grant No.20XN0001)of the scientific research fund program of the Renmin University of China。
文摘The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.
