版权扩张:一种合法性的反思

通过对美国外交版权政策、中国法律文化传统、版权文化功能、国外有关学者对版权扩张的态度的梳理 ,笔者认为中国在满足有关国际公约的最低要求的前提下 ,无须跟随这种潮流。

Expansion of Copyright: Reviewing Its Legitimacy

Expansion of copyright in developed countries has already become an institution being mostly represented in five aspects. It has its own technical origination and theoretical foundation. As for its operation in China, it is forced outwardly instead of being inborn.The author of the thesis, having analyzed the development of the diplomatic policy of the copyright of the USA, the traditional legal legacy of China, the cultural function of the copyright as well as the ideological viewpoints of various foreign jurisprudents concerned, believes that China does not necessarily follow suit if China can satisfy the minimum requirement of the relevant international convention in copyright protection.