|其他題名: ||A study on licensing of copyright in the digital industry.|
|作者: ||張國政;Chang, Kuo-cheng|
|關鍵詞: ||P2P點對點傳輸技術;著作權侵權行為;網際網路業者;檔案交換軟體;幫助行為;合理使用;排他性;Kuro;P2P;Internet Service Provider(ISP);Copyright Infringement;File-Sharing Software.|
|上傳時間: ||2010-01-11 01:37:17 (UTC+8)|
The study is divided into seven chapters as follows:
The first chapter is an introduction to the motive, objects and research methods of the study.
The second chapter dilates on the literature related to the R.O.C. Copyright Act.
The third chapter first gives an explanation of implications and the nature of the literary property right, and then of each content of both the literary property right and the licensing of digital audio-visuals. Also, inferred from specific properties of the literary property right, the right is very similar to “rights over things” of the Civil Code, and therefore is classified as the “quasi-right over things.”
The fourth chapter describes different types of contracts which the digital audio-visual industry uses to authorize the digital industry, including the scope of licensing. Regarding licensing contracts, how to determine the scope of licensing is always the most controversial between parties involved. This chapter makes a discussion on exclusive licensing and non-exclusive licensing. In addition to an introduction on features and theories of licensing, the study also discusses the controversial issue on the scope of licensing in the digital industry from the angle of compulsory licensing of the Copyright Act.
The fifth chapter is about the status quo and features of the Copyright Act.The study first defines the digital industry, and then discusses the difference between online audio-visual services and traditional music services. Especially, the study is interested in the influence of the digital industry on licensing mechanism under the circumstances of the Internet. Furthermore, in terms of laws and the economy, the meaning of both the Copyright Act and licensing contracts in the digital industry is also a part of this chapter.
The sixth chapter outlines challenges of market licensing faced by the digital audio-visual industry. To begin with, this chapter gives an introduction to audio-visual copyright intermediary organizations. Then, the status quo and problems of each copyright intermediary organization are then discussed. Second, this chapter examines the status quo and perspectives of both emerging licensing patters and the licensing transaction platform for the copyright in Taiwan. There are also case studies related to a breach of the literary property right to online music, including the Internet, online music software, music websites, and online music facilities. Moreover, the second section makes a discussion on the controversial issues in Taiwan related to Kuro and ezPeer to see whether it is legal usage or a breach of the music copyright.
The seventh chapter comprises a conclusion and suggestions proposed by the study. Based on the findings of the foregoing chapters, it is earnestly hoped to reflect on future amendments to and the content of the Copyright Act in respect of digital audio-visual licensing in Taiwan as well as to propose suggestions of relevant problems.