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Discussions About Literary Work Reproduction Without Authorization —Based Upon the Case of Amo Good
Article 65 of the Copyright Law,Fair Use Judgment Standard,Amo Good,Depenalization of Copyright,TRIPs,
|Publication Year :||2020|
The popularity of mobile devices has led to a rapid increase in people's daily online time. Through the Internet, the speed of information transmission is not only getting faster and farther, but also changing the industrial structure. Because of this, copyright issues derived from online platforms have become more complex. YouTubers or Internet celebrities produced by new online media platforms have their own common features in their online creations: quoting other people’s works as one of the creative materials, plus some of their own creations and productions. It is difficult for the content of the final work to be 100% original, and it is easy to cause the possibility of infringement. Therefore, it is necessary to coordinate and discuss the protection of copyright owners and the balance of social civilization. Space.
Amo Good, one of the most popular YouTubers, is well-known in the Internet media for 'Watching XX Movies in X Minutes'. Its video and audio channel subscribers are as high as 1.89 million. The method of making videos is to intercept the original film content owned by the filmmaker. The material was reviewed in a few minutes in a speed-reading manner, and was filed by the film maker and prosecuted by the Taipei District Prosecutor's Office in Taiwan. The example of the Amo Good case highlights the use of penalties to combat the problems caused by copyright infringement on the issue of the criminalization of the copyright law. Although the case ended with a settlement between Amo Good and the film dealer, it triggered this article to think about copyright. Discussion on the issues of fair use, scope of use, and judgment standards of the film, as well as the awareness of the crime of unauthorized reproduction of the film.
This article uses the Amo Good case to discuss the merits of using the criminal law to protect copyrights and suggestions for amendments to the law. Since the copyright law has not been included in the penalty requirements for profit-making intent, it is easy to cause people to be forced by torture. Creation should be amended or reconciled quickly. In order to avoid the failure to achieve the true legislative purpose of copyright, this article suggests that the decriminalization of copyright law should be considered, especially for non-commercial activities, which should be the goal of China’s legislation and policy. Returning to civil judgments, this article believes that more delicate rules can be formulated from a civil perspective. The purpose of copyright law is to protect the rights and interests of authors. It should not over-protect the personal interests of authors and hinder the progress of human culture. The copyright holders should be balanced. The guarantee and promotion of social civilization and progress are the ultimate legislative goals of this law.
|Appears in Collections:||事業經營法務碩士在職學位學程|
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