İnternette fikri hakların korunması
The Protection of intellectual property on internet
- Tez No: 141256
- Danışmanlar: DOÇ. DR. VEYSEL BAŞPINAR
- Tez Türü: Yüksek Lisans
- Konular: Bilim ve Teknoloji, Science and Technology
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2004
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Bilim ve Teknoloji Politikası Çalışmaları Ana Bilim Dalı (disiplinlerarası)
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: Belirtilmemiş.
Özet
Özet yok.
Özet (Çeviri)
SUMMARY ; The development and use of new communications and information technology progresses rapidly. In a number of years one may expect a convergence of computer and telecommunications technology. The Internet is rapidly becoming an important feature of modern life. The Internet is growing fast world-wide because of its advantege in commmunictions, in information acces and publising. It is envoling into a medium which interates all the other tecnologies of communication, publising and distribution. Many people are accustomed to using the Internet to converse, do research, explore, shop, listen to music, watch videos, trade stocks, and eng in a host of other activities. The interconnectivity and digital nature of the new medium makes communicating and transacting extremely easy and creates the potential for radiaclly new forms of interaction and new product and services. However, tecnological change almost always creates new problems as well as possibilities. The Internet also brings with it, the problem of intellectual property protection. The features of the Internet such as the replication, reproduction and distribution of works. Some authors even claims that the copyright regimes of the area for printing press have becomes unworkable in the the Internet. The majority, belives that with appropriate changes, the existing copyright regimes apply to Internet as well. Indeed the parts of the world where the Internet is used widely, such as the USA and EU have made changes or about to make changes to their copyright laws regarding the Internet following extensive discussions with all the parties concerned. These developments emphasize the importance of the enforcement of intellectual property rights in general and of copyright in particular. Copyright ensures authors and producers the control over and participation in the proceeds of the commercial exploitation of their works. Yet how is it possible to provide effective protection for intellectual property and acquired rights if just a few mouse clicks are necessary in order to make perfect copies of works by using digital technology and to distribute them throughout the world? Authors, rights holders and politicians are called upon to respond to this situation. Legislation must provide sufficient legal certainty to promote creactive activities and investments in this field. 116The author views copyright law as an essential instrument of cultural and economic control in the digital environment. It is important to obtain clear guidelines not only at a national level; the participating circles are called upon to work towards achieving a global harmonization of copyright law. It should be noted that the necessity for global harmonization of laws owing to developments in technology leads to a drastic reduction in the scope for national regulatory policy. An additional problem arises in cases of cross-frontier infringement in finding a court which accepts international jurisdiction to take on the case and, possibly, to hand down a corresponding judgement. Even where a national court has jurisdiction under the applicable national procedural law, in many cases this court will not render a judgment on the entire cross-frontier case but only on the relevant national part thereof. An indication of the urgency of the current problems is the fact that it was possible to conclude two new international Treaties within the çerçeve içine almawork of the World Intellectual Property Organization (WTPO). Neither Berne Convention, nor the so-called Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, contained provisions tailored specifically towards the exploitation of works and achievements in digital form. The new WIPO Copyright Treaty ( WCT) - obliges its contracting parties to grant a right of communication to the public, "including the making available to the public of... Works in such a way that members of the public may access these works from a place and at a time individually chosen by them. The new WIPO Performances and Phonograms Treaty (WPPT) contains corresponding provisions for the benefit of performing artists and phonogram producers. In this Treaty, however, the interactive making available to the public of fixed performances and phonograms is expressly distinguished from other kinds of public communication. Right holder entitled to an exclusive right with respect to digital making available on-line. The WTPO Copyright Treaty namely aims to provide solutions to the questions raised by new technologies, particularly the protection of literary and artistic works on the Internet and other networks to be developed in the future. 117
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