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Research ProposalThe Copyright Awareness Differences between the West and China

2015-12-19ByZhangDun

卷宗 2015年11期

By Zhang Dun

Ⅰ.Introduction

Copyright major conventions, “Berne Convention” and “Universal Convention About “, almost all the major countries of the world have participated in at least one of themConventions. Thus you can imagine, all countries in the scope of protection of copyright and There are many similarities, however, in order to try not to interfere with the level of each country Family attended the Convention only requires a certain level so get copyright protection Protection, it only provides a minimum level of copyright protection, so that countries work The level and scope of protection of the right of law that are not the same again. This paper on the Copyright legislation in the worlds oldest, has a larger influence of Britain and France writings Compare tenure, from a preliminary understanding of English customs law and civil law in On the similarities and differences between the copyright law, with a view of our copyright system theory and reality Have implications for practice.

Before the invention of printing, spread mainly by reading literature, artistic and scientific works, manuscripts as a commodity to sell in the market situation, was rare. Printing, especially after the movable type printing in Eleventh Century 40 Bi Shengs invention, a piece of work can be printed copies sold more copies, carrier -- books become printing business profits of goods. In order to printing and sales monopoly in some works, the printer will be printed and sent to the government to review the work, asked to be the exclusive. The Southern Song Shaoxi China years (1190 ~ 1194), Sichuan Meizhou people by Wang Chong ‘s “East”, “Meishan House published an index page, the boss not to cover board” statement was “. In Europe, the mid fifteenth Century, after the invention of movable type printing German metal J. Gutenberg in 1469, the Republic of Venice awarded the bookseller Giovanni Daspira for a period of 5 years the privilege of printing books. The feudal emperors and officials found that, through the review to be printed works, the spread of new ideas can be banned in 1556, Britains Queen Mary Thi approved the establishment of London bookseller printer company, for the members of the company published books to a monopoly, but at the same time, the book must be sent to the Royal examination, and registered in the company, to be printed the issue. Without registration, without authorization, by the royal court to punish, star. The government granted monopoly some printers in the copyright of the works, or banned from other published works, marks the formation of the concept of the original copyright. The original copyright system, only to the ruler and the printer, and the creators of works have no relation, is actually the original news check a restriction of freedom of speech.

The original copyright system lasted for over 700 years in Chinese, lasted more than 200 years in europe. The second half of the seventeenth Century, the British philosopher J. Milton, J. Rock and others put forward “life liberty and equality”, “the inviolability of private property” under the impact of new ideas, to the royal family as the center of the feudal system began to shake the monopoly. After the bourgeois revolution, the new preparation of Parliament represents the nobility and the bourgeoisie interests on behalf of the divine right of Kings autocratic monarchy, monopoly Royal grant printers will abolish. In the UK, Royal grant booksellers, printed after the abolition of privileges, booksellers and printers quoted literature theories of the property rights of legal protection for certain forms of printed books. The house of Commons in January 11, 1709 introduced a bill in a certain period of time, the printing and distribution of books entitled to grant the author or the original works of the buyers, the proposal in April 10, 1710 to become the “Queen Anne” the entry into force of the law. The provisions of the act: anyone who has published books, since the law came into force within 21 years from the date the author has the right to reprint the book; not yet published the book, the author has 28 years of copyright. “Anne” is the first law of copyright law in the world, it is the abolition of the royal family to booksellers by printing permit the feudal monopoly system, the author has the right to dominate and admit their works, the copyright subject, marked the formation of modern concept of copyright. At the end of the eighteenth Century, the French bourgeois revolution victory, “natural rights” slogan to the copyright and the extension of new content -- works of personality, the spirit of the personality rights to enjoy the work. The author not only acknowledged the economic rights and moral rights to enjoy the 1791 and 1793 French copyright law, enriches and develops the modern concept of copyright.

Ⅱ.Outline

1. Introduction

1.1Significance

1.2The Connotation and Denotation of Copyright

1.2.1The original concept of copyright

1.2.2The modern concept of copyright

2.An overview of Copyright Awareness Industry in different Countries

2.1The characteristics of the foreign mature copyright industry

2.2The Differences of Copyright Awareness between the West and China

3.Differences of the Copyright Awareness between the Western and Chinese and Future Trend on the Point of the Digital Music Fees

3.1RIAA vs Napster Ltd. Co - Relevant Case in USA

3.2IFPI vs Baidu MP3-Relevant Case in China

4.Conclusion

References

[1]Liu Zheng.under ecological aesthetic paradigm of aesthetic education in art and design professional undergraduate course system innovation thinking [D]. Beijing printing institute, 2008

[2] the king will. Design aesthetics in the application of CAI courseware [D]. Beijing printing institute, 2007

[3] Cao Yanyan. Olympic mascot art design aesthetic culture research [D]. Beijing printing institute, 2007