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An Empirical Study on the Second Creation Defense in the Chinese Copyright Law

Shengpu Huang

Abstract


In the era of "We Media", network communication is decentralized and arbitrarily enhanced, which brings challenges to network monitoring. In judicial practice, online works are frequently complained by the original copyright owners. Due to the game of interests, all parties still reached no consensus on the boundary of the second creation works. In this regard, it should not only discuss the extension of secondary creation from the Copyright Law itself, but also determine the scope of secondary creation as a reasonable defense from the judgment of judicial practice.

Keywords


Copyright; the New Copyright Law; Secondary Creation; Empirical Analysis

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References


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DOI: http://dx.doi.org/10.18686/mmf.v5i4.3785

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