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虛擬與現實之間的著作權議題-以美國法為比較中心
Thesis

虛擬與現實之間的著作權議題-以美國法為比較中心

蔡璧徽
Masters, National Tsing Hua University
2012

Abstract

中介實境著作權數位授權知名權虛擬 mediated realitycopyrightdigital licenseright of publicityvirtual
English summaryAs digital technology further developed and popularized, virtual world and virtual reality has become one of the most important part in our real life, therefore comes many copyright related issues. Beginning with specific applications of virtual technology, I try to observe and examine the probable controversy that might happen and challenge the current copyright law system.Virtual technology is a general term that might be referred to a broad range of technology. In this article, I try to focus on online virtual world, simulated real person animation, three-dimensional image and digital model, and the most reality-intervened part, augemented reality. By looking over current copyright law and probable legal application and reviewing legal risk possibly faced by product developers and users, I hope to encompass the overall copyright issues related to virtualization. Therefore, I discussed the issues concerning copyrightability, including originality, authorship, a minimum amount of creativity and idea-expression dichotomy; I deliberated the problems with digital licensing agreement, and figured out the relationship between copyright owner and user; I talked about the role of user in the copyright law system, and also the application of speech freedom in copyright law; then I studied the relationship of right of publicity/ right of portrait and copyright as well as the right of public to access the materials.With technology-oriented review and copyright issue-oriented summary in the last chapter, I hope to provide an in-depth analysis on current copyright issues generated by virtual technology, and to assist technology developers and legislators in understanding the role of copyright law in virtualization era.

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