Toward A More Balanced Approach: Rethinking and Readjusting by Jerry Jie Hua PDF

By Jerry Jie Hua

Based on comparative learn relating either foreign conventions and legislation, rules, guidelines and instances from assorted jurisdictions, this e-book places ahead proposals for getting better the stability of pursuits among copyright holders, technological intermediaries and public clients in regards to the entry to, distribution and exploitation of copyright works. 4 particular concerns are mentioned in detail:

· an anti-circumvention rule for defense of technological measures that keep an eye on entry to copyright material;

· oblique infringing legal responsibility for web provider prone and secure harbor rules, which effect the dissemination of copyright works;

· copyright obstacles and exceptions specifically less than the electronic community setting, that are proper to the level that clients are allowed to take advantage of copyright works;

· electronic commons initiatives that advertise the distribution and variation of copyright works positioned less than voluntary license schemes, that are correct to the tolerance and encouragement of remix culture.

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Sample text

The Green Paper on Copyright and the Challenges of Technology was issued in 1988 under such a circumstance, which outlined issues such as piracy, home-recording of audiovisual works, and copyright protection of computer programs and databases [6]. The subsequent revision to the first Green Paper was the Follow-up to the Green Paper: Working Programme of the Commission in the Field of Copyright and Neighbouring Rights, released in 1991 [6]. The second Green Paper was issued to update the first version in 1995 with a follow-up document released in 1996.

However, whether this updated amendment can be made effective finally is still uncertain. 65 The Marrakesh Treaty does not change the current mechanism of copyright limitations and exceptions, but rather works as an international legal basis for the first time from the right holder perspective to facilitate access to works in perceivable form for visually impaired persons or persons with print disabilities. 66 The conclusion of the Marrakesh Treaty in fact provides copyright exceptions for a special class of persons and counterbalances the continuous expansion of copyright protection to a certain degree.

Furthermore, the adoption of technological measures may impede access to noncopyrightable material which has been combined with copyright works. To enforce the right of making available and control online piracy, many jurisdictions have resorted to reviewing the indirect copyright infringement liability of technological intermediaries, such as ISPs. 76 Some of these factors have been imported into statutes in civil law jurisdictions such as China. 77 Although a counterbalance mechanism is also established to protect the interest of subscribers, it cannot completely eliminate the negative effects brought on by an immediate takedown requirement which denies them of the opportunity for refutation and places ISPs in a dilemma to either comply with the statutory procedure so that they are safeguarded from liability but lose customers or protect the interest of their customers but lose immunity under the safe harbor system.

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