The establishment of copyright protection systems aims to achieve two important purposes; to stimulate the incentive for creation by granting authors a series of exclusive rights on the one hand, and promote the progress of culture and public welfare by establishing a series of limitations on these exclusive rights so that the flow of information and dissemination of knowledge will not be hindered on the other hand. There is always a close relationship between technology development and copyright law. The emergence of personal computers and the internet has brought about a distinct wave of technological innovation that has reshaped copyright laws by empowering anyone with a connection to flawless, inexpensive and instantaneous reproduction and distribution of works of authorship. Such technological advancement changes the interests of copyright owners and public users. Users are exposed to more opportunities brought about by digital network technology to obtain access and exploit copyrightable works. If copyright laws do not expand their protected subject matters and categories of exclusive rights, authors cannot be adequately compensated under the digital network environment. Copyright laws can no longer function as an incentive for creation if there is a lack of revision and appropriate expansion. Hence, copyright laws need to extend protection to new subject matters, such as computer programs and databases; grant right holders new kinds of rights, such as right of rental and right to network dissemination of information; establish indirect infringing liability for internet service providers; and expand protection to technological measures. However, copyright expansion should not be unlimited and should cease when appropriate access to various works and future creations is at risk. Expansion of copyright protection is only justified when the access and use of works by the public threaten the incentive of authors to create and reap economic rewards. Overexpansion of copyright protection would again disrupt the balance if access to works is narrowly restricted. Overprotection of copyrights will not only obstruct access to original works, but will also inhibit future creations based on the original works. Based on comparative research on international and regional conventions as well as laws, regulations, policies and cases among different jurisdictions, this thesis intends to suggest proposals to recover the balance of interests among copyright holders, technological intermediaries and public users in terms of accessing, distributing and exploiting copyrighted works. Four specific issues are discussed in the thesis: the anti-circumvention rules for protection of technological measures; indirect infringing liability for internet service providers and safe harbor regulations; copyright limitations and exceptions especially under the digital network environment; and digital commons projects which promote distribution and adaptation of copyrighted works placed under voluntary licensing schemes. The analysis of these issues and corresponding proposals for reform are not only to reverse the worldwide copyright expansion trend so as to make copyright laws appropriately respond to digital network challenges and the emerging remix culture in general, but also to induce China to rethink and amend her copyright system so as to restore a robust public domain where existing information and data can be used to produce future intellectual assets. / published_or_final_version / Law / Doctoral / Doctor of Philosophy

Thesis (JSD)--City University of Hong Kong, 2009. / "Submitted to School of Law in partial fulfillment of the requirements for the degree of Doctor of Juridical Science." Includes bibliographical references (leaves 435-452)

The enforceability and legitimacy of copyright law on the internet have been the subjects of several scholarly works. However, there were few studies that outlined the regulatory models available for the online world with respect to copyright policy. The main thesis of this study is that copyright law can be effectively used and enforced in an electronic environment through co-regulation. The author examines the theoretical underpinnings of copyright and droit d'auteur and argues that a global copyright is now being created. Stemming from this first conclusion, he attempts to show how, worldwide, the means of traditional regulation as well as self-regulation present several shortcomings when confronted with the criteria of legitimacy and enforceability. Rather, it is argued that a third option ought to be considered, one that consists of an effective mix between private and public spheres. Co-regulation appears indeed to address the problems raised by the use of other regulatory models while deferring to copyright policy.

Thesis (Ph. D.)--Dartmouth College, Thayer School of Engineering, 1997. / eContent provider-neutral record in process. Description based on print version record.

Thesis (Ph. D.)--Dartmouth College, Thayer School of Engineering, 1997. / eContent provider-neutral record in process. Description based on print version record.

No description available.

Thesis (Ph. D.)--University of Hawaii, 1996. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 288-307).

Thesis (Ph. D.)--University of Hawaii, 1996. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 288-307).

Thesis (doctoral)--Universität Bern. / Includes bibliographical references (p. xxv-xlvii).

Thesis (SJD) -- Bond University, 2007. / "This thesis submitted to Bond University in fulfillment of the requirement for the degree of Doctor of Legal Science"-- t.p. Bibliography: pages 258-264. Also available via the World Wide Web.