[Restrictions on Copyrighted Works] What are the benefits analyzed in the copyright system?

[Restrictions on Copyrighted Works] Analysis of Interests in the Copyright System

The core content of copyright law is to coordinate various interest relationships in the copyright system. The essence of copyright restrictions and counter-restrictions is, in the final analysis, the issue of how to recognize and distribute the various interests in the legal relationship of copyright. Therefore, when analyzing the issues of copyright restrictions and counter-restrictions, we should first analyze the various interests regulated by copyright law and their interrelationships.

The so-called interest is an objective category. It is people’s needs restricted by social material living conditions and the means and measures to satisfy them. Interests determine the emergence, development and operation of law; law affects (promotes or hinders) the realization degree and development direction of interests. The law is determined by interests and regulates various objective interest phenomena in social relations in a purposeful and directional manner to promote the formation and development of interests.

The protected objects of copyright law are copyrighted works. An important feature of the work is its non-materiality. Its existence does not have a certain form, and people cannot have real and specific control over it. Therefore, it is easy for several subjects to occupy and jointly use it at the same time. This characteristic of the work makes it easy for the work to escape the control of the copyright holder, leaving the author who devoted all his efforts to create the work with nothing. Therefore, the law must protect the legitimate rights and interests of authors in the form of exclusive rights, that is, copyright owners have exclusive and exclusive rights to their original literary, artistic and scientific works, which are monopoly rights in nature and whose function is to protect The author controls his intellectual achievements, protects his legitimate rights and interests, and encourages him to create better works.

Modern copyright laws in various countries not only protect the rights and interests of authors, but also pay attention to the protection of social interests. The "individual standard" that focuses on protecting the author's rights emphasizes the author's personal interests, but the absolute and laissez-faire "individual standard" can easily lead to the abuse of the author's rights. If the work monopolist demands high remuneration, it will prevent spiritual products from entering the market. , hindering the public's use of works and retarding the development of scientific and cultural undertakings. Therefore, the thorny part of this problem is: "Without a legal monopoly, there will not be enough information produced, but with a legal monopoly, not too much information will be used." Therefore, modern copyright law abandons We have adopted the "individual-oriented" and "state-oriented" legislative views and sought new legislative theories.

Modern copyright law not only considers the interests of the creator of the work, but also takes into account the interests of the disseminator of the work and the user of the work, transforming the concept of copyright into one that protects the rights and interests of the author as the core, taking into account the country,The "two-way orientation" value of personal interests. This theory holds that disseminators and users of works should give the author certain compensation when using the work. However, an excellent work must be disseminated by communicators before it can be appreciated by the world. Hiding it in the mountains will only make it "stillborn". Therefore, the disseminator of a work is the media between the creator of the work and the user of the work, and is the bridge between the two. Therefore, his or her behavior of disseminating the work should also be confirmed and compensated to protect his legitimate rights and interests. As far as the users of the work are concerned, their use of the work reflects the social value of the work, because only through use can the work satisfy people's reasonable needs. The royalties paid by the users of the works also compensate the losses of the creators of the works and the disseminators of the works. Moreover, the interests of users of works reflect the public’s desire for cultural knowledge. Only by protecting their interests and allowing them to reasonably use works can we promote the development of the entire human civilization and produce more and better excellent works.

While we see the unity of interests among these three parties, we should also see the conflicting interests. The rights of the creator of a work are expressed as an exclusive right, and others may not use his work without his permission. If the malicious expansion of private rights is allowed, "the average person will never be able to use the work without the permission of the copyright owner. As a result, the development and improvement of social culture will be greatly hindered." Disseminators of works, works User interests will be lost. On the contrary, if we only consider the interests of the disseminators and users of the works and impose strict restrictions on the interests of the creators of the works, it will extinguish the creative flame of the creators of the works and lead to the drying up of the source of human culture. But fundamentally speaking, there is no substantial conflict of interest among the creators, disseminators and users of the work. The author does not create to lock his works in a drawer. He hopes that his works can be read, listened to or appreciated by more people. Therefore, "the real function of copyright is not only to protect works from illegal use, but also to protect their legitimate use.

In short, on the one hand, we must protect the rights of creators interests to stimulate their creative enthusiasm; on the other hand, necessary and appropriate restrictions must be placed on this right to safeguard social interests. The function of copyright restrictions and counter-restrictions is to seek a balance of interests between the two. When the interests of the creator are high When it is in the interests of society, restrictions will be imposed on it and the latter's interest weight will be increased to achieve a balance. On the contrary, anti-restriction means will be used to restrict public interests and expand the interests of creators. The results of the struggle between copyright restrictions and anti-restrictions, Promoting a rough balance between the interests of the two.