问:翻译2000多字一篇文章为英语。急!救命啊!
以下是我毕业论文的概要,学校突然要求14号交英文稿,而我后天开始要考公务员了,实在没有时间翻译啊,请英语好的朋友帮帮忙吧!我万分感谢!
概要
版权制度是随着印刷术的产生而产生的。而且,版权制度自产生以来,就注定要随着科学技术的发展而不断发
答:
概要
版权制度是随着印刷术的产生而产生的。而且,版权制度自产生以来,就注定要随着科学技术的发展而不断发展。摄影技术、录音录像技术、无线和有线传播技术、计算机技术等等,不仅使得版权保护的对象日益扩大,增加了摄影、电影、录音录像制品、计算机软件等作品种类,而且扩大了作品传播的途径,如广播、电视、卫星传播等等。近年来,随着计算机技术、数字化技术和网络技术的迅速发展,使作品的传播形式发生了重大变化,其传播的速度更迅捷,传播的范围更广泛(甚至已经超出了我们的想象),因而网上的版权保护更加困难。随着网络中各种侵权纠纷案的出现,版权制度再次面临着挑战和变革。尤其是在电子商务活动中,对于信息化的商品,涉及到版权的收益和买卖问题,更是到了刻不容缓的地步,急待解决.
本文将主要依据美国的《数字化时代版权法》,并结合世界知识产权组织的两个新条约和欧盟的有关立法,探讨全球电子商务环境中版权保护的一些问题;这包括,版权所有人控制作品在网上传播的权利,保障网上传播权得以实现的技术措施和版权管理信息,以及改变或除去版权管理信息的法律救济等。
Outline
The copyright system is produced with formulation of the art of printing. And, are destined to be developing constantly with development of science and technology since the copyright system is produced . Camera work , recording video technology , propagating technology , computer technology etc. wirelessly and wiredly, not merely make the target of copyright protection expand day by day , has increased works kinds , such as photography , film , recording video products , computer software ,etc., and has expanded the way that the works spread, for instance the broadcast , TV , satellite spread etc.. In recent years, with the rapid development of technology of the computer , digitized technology and network technology, make the spread form of work the great change has taken place, its speed of spreading is faster , the range spreading is more extensive (even already go beyond our imagination), therefore the copyright protection on net is more difficult. With the appearances of different dispute cases of encroachment of right in the network, the copyright system faces the challenge and improves again. Especially to the informationalized goods , involve the income of the copyright and buy and sell the question in the electronic commercial activity, reach the very urgent stage especially, wait to solve urgently.
Main basis " digitized era copyright law " of U.S.A. this text, and combine two new treaties of World Intellectual Property Organization and relevant legislation of European Union, probe into some questions of copyright protection in the global e-commerce environment; This includes, the copyright owner controls the right that the works spread on the net, ensure technological measure and copyright that the net can be realized while propagating right to manage information, and the law changing or removing the copyright and managing information is relieved etc..
一.作品在网上的传播及其权利
当作品通过网络向社会公众传播时,版权所有人应当有权控制这种传播,并由此而获得一定的经济利益。具体说来,就是版权所有人将数字化作品上载,然后由访问者通过网络的传输而浏览、阅读、观看、聆听,甚至下载和复制作品。同时,版权人通过控制作品的传输而获得经济利益。这类似于传统的印刷出版中,版权人通过控制作品的复制和发行而获得经济利益。
First. Works spread and right on the net
While regarding as the product and spreading to the public through the network, the copyright owner should have the right to control this kind of spread , and the economic benefits obtaining certainly therefrom. Particularly, it is the copyright owner that uploads the digitized works, then browsed through, read, watched, listened through the transmission of the network by the visitor , even download and duplicate the works. Meanwhile, copyright people obtained the economic benefits through controlling the transmission of the works. This is when similar to traditional printing and publish, copyright people, through controlling the duplicating and issuing but obtain the economic benefits of works.
二.技术措施
享有版权的作品在网上传播,一方面使得作品可以迅速、方便地为更大范围的公众所接受,另一方面也增加了版权保护的难度。因为,数字化的作品很容易被他人简便快速地非法复制,然后再通过网络在全球范围内非法传播,造成权利人的极大损失。所以,权利人仅仅享有控制作品在网上传输的权利还不够。还必须的技术措施实现自己的权利。这可以是限制他人访问自己作品的措施也可以是防止他人行使自己权利的措施,如要求登记、设置密码、加设电子水印、限制或禁止他人访问等。然而,随着技术的发展,又出现了破解他人技术措施的技术。一些人或出于好奇的目的,或出于赢利的目的,设计、甚至提供破解他人技术措施的设施或服务。因此,法律又必须对版权人设置的技术措施予以保护,禁止他人非法破解有关的技术措施。这样,法律不仅要对版权人控制作品在网上传播的权利加以保护,还必须对版权人控制作品传播的技术措施加以保护。
在很长的时间里,技术措施与版权保护无关。然而,随着计算机软件、卫星传播技术和网络的发展,技术措施与版权保护联系起来,逐步纳入了版权保护体系。
Two. Technological measure
The works which enjoy the copyright spread on the net, on one hand enable the work to be accepted by the public in bigger range rapidly , conveniently, have even increased the degree of difficulty of copyright protection on the other hand. Because it is very easy for the works of digitization to be duplicated simply and conveniently illegally fast by others, then spread illegally in the world through the network , cause the obligee's great losses. So, it is still not enough that obligees only enjoys rights of controlling the works and transmitting on the net. The still necessary technological measure realizes one's own right. This can be that the measure of restraining others from visiting one's own works can be the measure of preventing others from exercising one's own right too, if demand to register , set up the password , add and has electronic watermark , restriction or forbids others to visit etc.. However, with the development of technology , the technology of analysing and explaining others' technological measure has appeared again. Some persons or purposes out of curiosity, or out of the purpose of the profit, design, even offer and analyse and explain others' facilities or services of technological measures. So, the law must protect the technological measure that copyright people set up , forbid others to analyse and explain relevant technological measures illegally . In this way, the law should not merely protect the right that persons control the works and spread on the net of the copyright, must also protect the technological measure that copyright people control the works and spread .
During very long time, the technological measure has nothing to do with copyright protection. However, as computer software , satellite propagate the development of technology and network, technological measure and copyright protection are connected, include in the protection system of the copyright progressively .
三.版权管理信息
版权管理信息,又称权利管理信息,是有关作品名称、版权保护期、版权人、作品使用条件和要求的信息可以随着作品在网上的传输而显示出来,向他人表明作品目前的法律状态和使用的条件或要求。显然,这些信息对于权利人实现其经济利益来说是非常重要的。
严格说来,版权管理信息不是直到有了网络以后才产生的东西。印刷物版权页上有关作者、出版日期的信息,就可以视为一种版权管理信息。然而,网络环境中的版权管理信息又有其独特的意义。这是因为,网络环境中的版权管理信息专指以数字化形式出现的信息。这种信息虽然对于权利人经济利益的实现非常重要,但又很容易被他人伪造、篡改和消除,从而造成对权利人的极大损害。
Three. Manage information in copyright
Manage information , is had another name called the right and managed information in copyright, it is the name , copyright protection period , copyright people , works service condition and information required about the works that can show with transmission on the net of works, indicate works present legal state and terms or request used to others. Obviously, the information is very important for obligee to realize its economic benefits.
To be strict , it is not until the thing that has networks to emerge to manage information in copyright. The information about author , publication date, can be regarded as a kind of copyright and managed information on the printed matter colophon. However, managing information in copyright in the environment of the network has its unique meanings. This is because manage information and mean the information that appears in the form of digitizing specially in copyright in the environment of the network. Though the realization of obligee's economic benefits is very important for this kind of information, but very easy to be forged , distorted and dispelled by others, thus cause the great harm to the obligee.
四.法律救济
Four. The law relieving
The copyright owner should control the spread on the net of works , this is a copyright owner's right. Under the enviroment of network, in order to ensure the realization of this right, must protect relevant technological measure and right and manage information . However, as to integrality of the copyright system, the right looked on as copyright people is infringed , the relevant technological measure is analysed and explained, when the right is managed information to remove or changed, must also offer certain law to relieve . That is to say , people expect that the obligee can appeal to a continent law and relieve the way , must implement one's own right , the technological measure that had since already protected and stopping the technical management feeling . Relieve what has been it is proper to be if lacked the laws, at protection and managing protection of information of to measure, the right not technological of right, will fail on very great degree.
The above-mentioned our argumentation are in these years, what European Union, World Intellectual Property Organization (WIPO ),etc. have already made has benefit exploration and try, this will be essential to " rule of the game " of standardizing Internet while operating, function of giving full play to Internet while associating in international economic culture. Review our country, the industry cybereconomy surface of IT is seen flourishingly , and can make money in fact even there are very few companies surviving, really a flourishing one is the international big company, they have occupied a large amount of market share, and it is being on one's last leg that our own enterprise is leaving in the heavy pressure. The pirate of domestic market is rampant, various kinds of realizing and laws protected to the property right are not extremely perfect. It is those rash and too much in a haste e-commerce websites that among them influence the most serious one, go bankrupt one after another . Because the consciousness of intellectual property right , copyright has not been rooted in the hearts of the people yet, and the law of our country is made incompletely perfectly, implementation dynamics is not strong enough either, so, legal consciousness , such as intellectual property right ,etc. were not popularized . In Chinese law , still lack the concepts , such as " encroaching right directly " , " encroaching right indirectly " , " helping to encroach right " , " acting as agent and encroaching right " about copyright protection ,etc.. Although there are concepts , such as " encroaching right together " , " bearing related responsibility " ,etc., the less important one party of encroachment.
以下是我毕业论文的概要,学校突然要求14号交英文稿,而我后天开始要考公务员了,实在没有时间翻译啊,请英语好的朋友帮帮忙吧!我万分感谢!
概要
版权制度是随着印刷术的产生而产生的。而且,版权制度自产生以来,就注定要随着科学技术的发展而不断发
答:
概要
版权制度是随着印刷术的产生而产生的。而且,版权制度自产生以来,就注定要随着科学技术的发展而不断发展。摄影技术、录音录像技术、无线和有线传播技术、计算机技术等等,不仅使得版权保护的对象日益扩大,增加了摄影、电影、录音录像制品、计算机软件等作品种类,而且扩大了作品传播的途径,如广播、电视、卫星传播等等。近年来,随着计算机技术、数字化技术和网络技术的迅速发展,使作品的传播形式发生了重大变化,其传播的速度更迅捷,传播的范围更广泛(甚至已经超出了我们的想象),因而网上的版权保护更加困难。随着网络中各种侵权纠纷案的出现,版权制度再次面临着挑战和变革。尤其是在电子商务活动中,对于信息化的商品,涉及到版权的收益和买卖问题,更是到了刻不容缓的地步,急待解决.
本文将主要依据美国的《数字化时代版权法》,并结合世界知识产权组织的两个新条约和欧盟的有关立法,探讨全球电子商务环境中版权保护的一些问题;这包括,版权所有人控制作品在网上传播的权利,保障网上传播权得以实现的技术措施和版权管理信息,以及改变或除去版权管理信息的法律救济等。
Outline
The copyright system is produced with formulation of the art of printing. And, are destined to be developing constantly with development of science and technology since the copyright system is produced . Camera work , recording video technology , propagating technology , computer technology etc. wirelessly and wiredly, not merely make the target of copyright protection expand day by day , has increased works kinds , such as photography , film , recording video products , computer software ,etc., and has expanded the way that the works spread, for instance the broadcast , TV , satellite spread etc.. In recent years, with the rapid development of technology of the computer , digitized technology and network technology, make the spread form of work the great change has taken place, its speed of spreading is faster , the range spreading is more extensive (even already go beyond our imagination), therefore the copyright protection on net is more difficult. With the appearances of different dispute cases of encroachment of right in the network, the copyright system faces the challenge and improves again. Especially to the informationalized goods , involve the income of the copyright and buy and sell the question in the electronic commercial activity, reach the very urgent stage especially, wait to solve urgently.
Main basis " digitized era copyright law " of U.S.A. this text, and combine two new treaties of World Intellectual Property Organization and relevant legislation of European Union, probe into some questions of copyright protection in the global e-commerce environment; This includes, the copyright owner controls the right that the works spread on the net, ensure technological measure and copyright that the net can be realized while propagating right to manage information, and the law changing or removing the copyright and managing information is relieved etc..
一.作品在网上的传播及其权利
当作品通过网络向社会公众传播时,版权所有人应当有权控制这种传播,并由此而获得一定的经济利益。具体说来,就是版权所有人将数字化作品上载,然后由访问者通过网络的传输而浏览、阅读、观看、聆听,甚至下载和复制作品。同时,版权人通过控制作品的传输而获得经济利益。这类似于传统的印刷出版中,版权人通过控制作品的复制和发行而获得经济利益。
First. Works spread and right on the net
While regarding as the product and spreading to the public through the network, the copyright owner should have the right to control this kind of spread , and the economic benefits obtaining certainly therefrom. Particularly, it is the copyright owner that uploads the digitized works, then browsed through, read, watched, listened through the transmission of the network by the visitor , even download and duplicate the works. Meanwhile, copyright people obtained the economic benefits through controlling the transmission of the works. This is when similar to traditional printing and publish, copyright people, through controlling the duplicating and issuing but obtain the economic benefits of works.
二.技术措施
享有版权的作品在网上传播,一方面使得作品可以迅速、方便地为更大范围的公众所接受,另一方面也增加了版权保护的难度。因为,数字化的作品很容易被他人简便快速地非法复制,然后再通过网络在全球范围内非法传播,造成权利人的极大损失。所以,权利人仅仅享有控制作品在网上传输的权利还不够。还必须的技术措施实现自己的权利。这可以是限制他人访问自己作品的措施也可以是防止他人行使自己权利的措施,如要求登记、设置密码、加设电子水印、限制或禁止他人访问等。然而,随着技术的发展,又出现了破解他人技术措施的技术。一些人或出于好奇的目的,或出于赢利的目的,设计、甚至提供破解他人技术措施的设施或服务。因此,法律又必须对版权人设置的技术措施予以保护,禁止他人非法破解有关的技术措施。这样,法律不仅要对版权人控制作品在网上传播的权利加以保护,还必须对版权人控制作品传播的技术措施加以保护。
在很长的时间里,技术措施与版权保护无关。然而,随着计算机软件、卫星传播技术和网络的发展,技术措施与版权保护联系起来,逐步纳入了版权保护体系。
Two. Technological measure
The works which enjoy the copyright spread on the net, on one hand enable the work to be accepted by the public in bigger range rapidly , conveniently, have even increased the degree of difficulty of copyright protection on the other hand. Because it is very easy for the works of digitization to be duplicated simply and conveniently illegally fast by others, then spread illegally in the world through the network , cause the obligee's great losses. So, it is still not enough that obligees only enjoys rights of controlling the works and transmitting on the net. The still necessary technological measure realizes one's own right. This can be that the measure of restraining others from visiting one's own works can be the measure of preventing others from exercising one's own right too, if demand to register , set up the password , add and has electronic watermark , restriction or forbids others to visit etc.. However, with the development of technology , the technology of analysing and explaining others' technological measure has appeared again. Some persons or purposes out of curiosity, or out of the purpose of the profit, design, even offer and analyse and explain others' facilities or services of technological measures. So, the law must protect the technological measure that copyright people set up , forbid others to analyse and explain relevant technological measures illegally . In this way, the law should not merely protect the right that persons control the works and spread on the net of the copyright, must also protect the technological measure that copyright people control the works and spread .
During very long time, the technological measure has nothing to do with copyright protection. However, as computer software , satellite propagate the development of technology and network, technological measure and copyright protection are connected, include in the protection system of the copyright progressively .
三.版权管理信息
版权管理信息,又称权利管理信息,是有关作品名称、版权保护期、版权人、作品使用条件和要求的信息可以随着作品在网上的传输而显示出来,向他人表明作品目前的法律状态和使用的条件或要求。显然,这些信息对于权利人实现其经济利益来说是非常重要的。
严格说来,版权管理信息不是直到有了网络以后才产生的东西。印刷物版权页上有关作者、出版日期的信息,就可以视为一种版权管理信息。然而,网络环境中的版权管理信息又有其独特的意义。这是因为,网络环境中的版权管理信息专指以数字化形式出现的信息。这种信息虽然对于权利人经济利益的实现非常重要,但又很容易被他人伪造、篡改和消除,从而造成对权利人的极大损害。
Three. Manage information in copyright
Manage information , is had another name called the right and managed information in copyright, it is the name , copyright protection period , copyright people , works service condition and information required about the works that can show with transmission on the net of works, indicate works present legal state and terms or request used to others. Obviously, the information is very important for obligee to realize its economic benefits.
To be strict , it is not until the thing that has networks to emerge to manage information in copyright. The information about author , publication date, can be regarded as a kind of copyright and managed information on the printed matter colophon. However, managing information in copyright in the environment of the network has its unique meanings. This is because manage information and mean the information that appears in the form of digitizing specially in copyright in the environment of the network. Though the realization of obligee's economic benefits is very important for this kind of information, but very easy to be forged , distorted and dispelled by others, thus cause the great harm to the obligee.
四.法律救济
Four. The law relieving
The copyright owner should control the spread on the net of works , this is a copyright owner's right. Under the enviroment of network, in order to ensure the realization of this right, must protect relevant technological measure and right and manage information . However, as to integrality of the copyright system, the right looked on as copyright people is infringed , the relevant technological measure is analysed and explained, when the right is managed information to remove or changed, must also offer certain law to relieve . That is to say , people expect that the obligee can appeal to a continent law and relieve the way , must implement one's own right , the technological measure that had since already protected and stopping the technical management feeling . Relieve what has been it is proper to be if lacked the laws, at protection and managing protection of information of to measure, the right not technological of right, will fail on very great degree.
The above-mentioned our argumentation are in these years, what European Union, World Intellectual Property Organization (WIPO ),etc. have already made has benefit exploration and try, this will be essential to " rule of the game " of standardizing Internet while operating, function of giving full play to Internet while associating in international economic culture. Review our country, the industry cybereconomy surface of IT is seen flourishingly , and can make money in fact even there are very few companies surviving, really a flourishing one is the international big company, they have occupied a large amount of market share, and it is being on one's last leg that our own enterprise is leaving in the heavy pressure. The pirate of domestic market is rampant, various kinds of realizing and laws protected to the property right are not extremely perfect. It is those rash and too much in a haste e-commerce websites that among them influence the most serious one, go bankrupt one after another . Because the consciousness of intellectual property right , copyright has not been rooted in the hearts of the people yet, and the law of our country is made incompletely perfectly, implementation dynamics is not strong enough either, so, legal consciousness , such as intellectual property right ,etc. were not popularized . In Chinese law , still lack the concepts , such as " encroaching right directly " , " encroaching right indirectly " , " helping to encroach right " , " acting as agent and encroaching right " about copyright protection ,etc.. Although there are concepts , such as " encroaching right together " , " bearing related responsibility " ,etc., the less important one party of encroachment.
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