The Research on the Conflict between the Copyright Licensing Contract and Copyright Limitation in the Digital Era
Date Issued
2005
Date
2005
Author(s)
Huang, Hui-Ming
DOI
zh-TW
Abstract
In the digital environment, copyright owners can directly enter into contractual agreements with end-users and potentially impose restrictive contractual provisions on them. Such an evolution may be problematic to the extent that these contractual provisions limit or even totally ikeliminate the various privileges enjoyed by users under the statutory regime of copyright law, such as fair use. The question therefore arises as to whether and to what extent the pre-existing statutory regime of copyright protection can validly be replaced by a private regime of contractual protection for the benefit of copyright owners. In other words, the issue is to determine whether the various exceptions and limitations to copyright protection are mandatory, or whether they can be overridden by contract.
Subjects
合理使用
定型化契約
著作權限制
Fair Use
Standard Contract
Copyright Limitation
Type
thesis
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