Electronic publishing copyright and copyright law

The so-called copyright at the very earliest refers to the composers like Beethoven. In order for the royal family to be able to see and appreciate their talents, they must use printing houses to print their scores. Every printed copy is a power. Because of this "edition", he can sell these works to others and continue to copy. In the 20th century, the meaning of copyright is no longer just a version on the printing press. The emphasis is on "copying." Others want to pay for this right of reproduction.

The above-mentioned copyrights are still seen and touched, but today, the development of digitalization of information has made copyright more complex, and the most direct impact of copyright complications is law. For example, in Taiwan in the 1950s, the Copyright Law was only a law for protecting printed materials; however, since the 1960s, American law began to include the use of software in the scope of copyright protection, and it began to impact Taiwan. The relevant laws also make it more difficult for more and more users to distinguish between the legal and illegal boundaries of the work they have obtained, and it is difficult for the operator to explain to the buyer what kinds of products should be charged and what kind of products. No charge.

The rise of the Internet, in fact, has developed a business model that I believe is not a business model, that is, everything can be priced, everything can be sent, and everything can be charged. This result has caused many entities in the industry to start thinking about how their industries should survive in such an environment.

At present, Taiwan has a great deal of flexibility in its regulations on copyright. This provision is that “as long as it is a spiritual and cultural product of humankind, it can be protected by copyright” regardless of its situation, such as: writings in Chinese, musical works, theatrical dance Books, art works, photography, graphic works, audio-visual works, recording works, architectural works, computer program works, but after these forms of writing entered the digital network, they became what we now call multimedia.

This involves a complicated authorization process because our copyright law is divided like other copyright laws in other countries. For example, the movie “Crouching Tiger, Hidden Dragon” by Lee An, and the actors in the film owns the movie. Copyright, director has copyright, production, photography, multimedia production owns the copyright of the film, because their collection produces a multimedia work; but after the movie is finished, the final subtitles appear, you will see, this movie The last owner of the copyright was a movie production company. However, entering the digital age, especially the use of the Internet, directly provides a way to circumvent the normative framework of copyright law, including links and the most controversial MP3, which are all impacting copyright laws and actually affect “I have Copyright, when you want to use this copyright, you must get or buy power from me.

So there may be two kinds of copyright development in the future (I said that it may be because there is no conclusive result so far. So far, almost all the legal disputes have pointed to the fact that we still need copyright law. The copyright law was originally created to protect copyright owners.) However, this specification has undergone major changes by the end of the nineteenth century. This change was specifically stated in the Paris Convention of Europe. In addition to protecting the authors, the definition of copyright also guarantees the circulation of works in order to promote cultural exchanges. That is why There are so many people writing so many softwares to challenge the current copyright structure.)

The first:

The personality rights of the works remain unchanged. Including the right of public publication, the right to express the name, and the right to maintain identity.

Second: Simplification of the use of copyright property rights. The so-called simplification refers to the integration of the decentralized authorization methods used in the past to a communications platform.

However, according to the reality, the US Congress has just passed a "Digital Millennium Copyright Act DMCA". From the content of the bill, it is still clear that it emphasizes the rights of the author of the property and prevents others from using it to circumvent the copyright. The way to obtain the use of writings. However, one of the more important aspects of this bill is that it significantly eases the restrictions on public institutions such as libraries and digital data storage institutions to hold such data. This means that the country still retains a lot of power and can make it unnecessary for the general public. To spend too much of the cost or to obtain knowledge and information without paying a price at all, so as to prevent the intellectual property rights from falling into the hands of a few large consortia and creating a monopoly.

From the evolution of the above copyrights, we can see that the physical world is affected by digitalization. The most fundamental thing is that it can “copy a large number of places without limitation”.

Taiwan’s piracy has been going on for years, and I’ve been doing this work for the first six years of my career. But it’s just beside me. The son of my third grader can casually buy a copy machine on Xinyi Road. , share the copyrighted software on hand to his classmates. So everyone can know that under today's copyright law framework, almost everyone is guilty of being guilty. Anybody can grab the information they want from the Internet. Anybody can use this information to build their own library. And I believe that in the future there will still be many people who are willing to use the software they have written to provide them with access to the Internet and access to resources. However, the sacrifices must be the rights of the artists. This situation is also a big damage to publishers and printers. I just don't think that there will be too much effect through the law. On the contrary, I think that with the understanding of the entity business of publishers and printers, the readers' awareness will be more clear than the e-commerce industry. There must be some Know How to integrate with the ISP industry and integrate it with the law. Transferred to the Internet to use, I believe this is a great force.

I can give you an example. Now we can arrange our own trips through internet bookings. The emergence of these online travel agencies is a combination of dozens of travel agency entities, and they will use Know how to manage their online operations. The combination of the road database and the convenience of the Internet has reduced the amount of manpower required by the customer service, shortened the work flow, and resulted in an average increase of 15% in income for each of these entity travel agencies. Such an example I believe will be confirmed in the online publishing industry and online printing industry in the future.

For current electronic publishing, actual development should be parallel. At the age of thirty-eight and forty, I am still accustomed to reading on the bed, reading a book in the bathroom, reading a book in the car, and holding a book in my hand so that I can read; but now The younger generation may only need one PDA. Therefore, both paths will exist in parallel, but for current operators, both paths must be mastered. The electronic publication must grasp not only the immediacy and the transnationality, but also has the shortcomings. First, it is difficult to distinguish what is the authorized version; the other is piracy. Therefore, how to turn disadvantages into advantages is the current business situation. The way to face it is how to cooperate with ISPs before, how to apply their own Know How to e-commerce, to minimize manpower, and another more important link is to break the legal restrictions.

All of you present are actually not first-hand users. When you use them, you must obtain power from others. When you use this power again, you are subject to many restrictions. When you use this power again, you are most afraid. The point is that someone copied something from your hand without paying a price. Therefore, the trend in the future is that the law should have the ability to protect these middlemen who have physical Know How, in addition to the recovery of their own rights, and more importantly, to enable them to be closer to their own customers. In other words, it is for these entities to be middlemen. The contact with customers is not just traditional storefronts, but a practical and helpful channel to meet the various needs of customers. For example, a client wants to see Journey to the West, but he only wants to see the part of the Monkey King without looking at the pigs; or someone thinks that the Monkey King in the cartoon looks better than the book, and he hopes to use the cartoon picture to replace the figure of the book. As a middleman, it's not a bad thing to be able to provide such a service; in addition, you can use the Internet to put such a book on it. The price is set as long as half of the original book, a group of readers who want to buy it, and sell it together. Sale.

These are not things that IP companies can do, nor are they people who read the law. Instead, all of you here are the only ones who know how to publish. Only you can know how to size up and weigh the book. This is what I said, what you have prepared for Know How.

What I want to mention next is actually a problem.

Problems and reflections

Q1 : The development of digital technology has made it easy for electronic publications to spread around the world. However, who should be responsible for this behavior in the face of infringement of electronic publications?

This is a problem that printers and publishers are most concerned about because authorizers may blame their own downstream. However, prohibiting copying on the Internet has great difficulty in implementation. Therefore, in the future, the prohibition of online infringement may point to the website or ISP operator. At present, there are two countries with relatively clear reprocessing of online infringement. First, the German and German governments have explicitly stipulated in the law that the infringements that appear on the Internet must be handled by ISPs; the other United States is to It is up to the court to determine the case and complete a precedent through continuously developing lawsuits. Then let the society decide what to do and what not to do.

These two methods have their own shortcomings. In Germany, the law is completely government-led. The bias is that in society, who is more able to afford these penalties; the United States needs to go through a very long period of litigation.

Q2: Do copyright holders of electronic publications have the right to claim their rights in the event of copyright infringement?

These may not be legal problems in the future, but technical issues, such as the lock code bar of cable television, and the use of this technology to control the amount of reading to control the power of personnel to obtain information. However, this practice may also result in people without money being unable to obtain information and creating disparities in knowledge between the rich and the poor. Therefore, as far as I am concerned by a legal person, in the future, the copyright legislation will not only focus on the protection of copyrights, but also prevent the excessive concentration of the property rights in the hands of the minority.

Q3: Does the current copyright law still have deficiencies in the specification of electronic publications?

The current copyright law should be sufficient for the specification of electronic publications, but it depends only on how it should be implemented. That is how to prove a certain piece of information on the Internet. The copyright of the property is yours. How to trace the people who infringe your intellectual property without your permission. This is a technical issue and there is no need to add any new rules for copyright law.

Q4. Faced with the emergence of digital electronic publications, does the authorization and protection of electronic publications still follow traditional licensing methods, or should the legislative intent of computer program protection in copyright law be followed?

If we hope that the Internet will provide us with knowledge to eradicate poverty, then the copyright laws of Taiwan and the world today are one of the biggest obstacles.


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