On the Construction of the Copyright Open Licensing System
[Purposes]The construction of copyright open license system is the need of the right holder to deepen the reuse of original works,to deduce and compile the creation and dissemination of works to the original crime of"infringement",to resolve the limitations of copyright collective management,and to solve the contradiction of the efficiency of license dissemination and the practice of open license in China.[Methods]Drawing lessons from the patent open licensing system,this paper builds an open li-censing system with copyright characteristics.The copyright collective management system and the copy-right open licensing system are parallel and different sets of open licensing systems.The CC agreement based on the copyright owner's abandonment of property right is an extreme form of copyright open li-cense.The copyright collective management system and CC agreement including the extended collective management system cannot replace the copyright open license system.[Findings]Drawing on the patent open licensing system to build a copyright open licensing system characterized by the protection of copy-right owners'property rights,which is different from the CC agreement,collective management,and ex-tended collective management,will be an initiative in the localization reform of China's copyright law and an important measure to improve the copyright licensing system.By doing this,it is beneficial to real-ize the copyright value oriented intellectual property protection policy objectives to improve the level of copyright protection.[Conclusions]While constructing the copyright licensing system,China should also build the domestic works compulsory licensing system at the same time,so as to perfect the copyright licens-ing system,open the door for the use of works,close the door of infringement with punitive compensation,and promote the Chinese path to modernization of material and cultural-ethical advancement.
copyright lawcollective management systemCC agreementopen licensing systemChinese path to modernization
万方数据
维普
