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下面为大家整理一篇优秀的assignment代写范文- American copyright industry，供大家参考学习，这篇论文讨论了美国版权产业。美国一直很重视国内版权的保护，尤其是在其版权产业落后时游离于国际主流版权保护体系之外，而在其版权产业拥有竞争优势时，则主动融入国际主流版权保护体系，并谋求版权保护的全球霸权等，这也是美国版权产业成为全球规模最大最发达最具活力的原因。版权产业尤其是核心版权产业对美国经济增长、就业和出口等做出了很大的贡献。

The United States attaches great importance to the domestic copyright protection for a long time, especially in free fall behind its copyright industry mainstream international copyright protection system, and in its copyright industry has a competitive advantage, is actively into the international mainstream copyright protection system, and seek the global hegemony of copyright protection and so on, is the most developed the United States copyright industry to become the world's largest most dynamic. The copyright industry, especially the core copyright industry, has made outstanding contributions to the us economic growth, employment, overseas sales and export. American copyright industry development strategy has reference significance to China.

With the rapid development of science and technology and the flood of scientific and technological achievements, the copyright industry is becoming a rising sunrise industry and its huge industrial influence is being released due to its creative characteristics. At present, the us copyright industry is the largest, most developed and most dynamic in the world. This is related to the United States' long-term implementation of a unique copyright industry development strategy.

Copyright, as a kind of intellectual property, derives from the creative labor of creators and is the core supporting the development of the entire copyright industry. The development of the copyright industry is based on the protection of copyright, the protection of the rights and interests of creators, the stimulation of national creative potential and the creation of new inventions and innovative works. Copyright legislation is the most effective means of protecting copyright.

The American constitution as early as 1787 contained copyright clauses. In 1790, the first copyright law was born in the United States. Since then, the United States has timely revised its copyright law according to its economic, social and technological development level to constantly improve the overall level of copyright protection. The scope of copyright, for example, was originally limited to books, maps, charts, and periodicals, and was extended to all works in 1909; In 1978 it expanded to all creative works created through intellectual labor; In the 1990s, in order to comply with the requirements of the development of information technology and network technology, the United States further expanded the scope of copyright protection to digital works and network works. Another example is the duration of copyright protection, which is 14 years from the date of publication of the original work. 28 years from the date of publication of the work in 1831, another 14 years; 28 years from the date of publication of the work in 1909, and another 28 years. By 1976, if the author is a natural person, the copyright term is extended to 50 years after the author's death; If the author is an anonymous, pseudonymous, or hired by another creator and cannot identify a single natural person, the copyright term is 75 years from the date of publication or 100 years after the creation. Then, in 1998, the United States extended the copyright for another 70 years after the author's death. Each extension of the copyright term is valid not only for subsequent works, but also for the original and expiring works. Criminal penalties for copyright infringement, for example, were first introduced into American copyright law in 1897, under which the malicious, profit-oriented copyright infringement of a music theatrical copyright work could be punishable by a misdemeanor. The Copyright Act of 1909 extended the scope of misdemeanors to include not only all types of copyrighted works, but all exclusive rights covered by copyright; in 1976, the copyright law increased the criminal penalties for copyright infringement. In the 1980s, felony criminal punishment was first introduced into American copyright law. In the 1990s, the United States expanded the scope of felonies for copyright infringement and lowered the threshold for felonies.

Fulfillment of the copyright law, the traditional copyright protection for a long time, made in the United States today such social psychology and social consciousness, namely the copyright is a private property, others as others orchard stretch out his hand to pick apples, others in the unshaded bend over desirable watermelon, even if the host them knowing you can't have them, occupation is a shameful thing. This provides a good legal and social environment for the healthy development of the us copyright industry.

When the development level of American publishing industry was lower than that of Britain, France and other European countries, the United States refused to provide protection for the copyright of European countries, which made the United States a kingdom of piracy until the early 20th century, and a large number of excellent European literary and artistic works were arbitrarily pirated in the United States. Dickens' "a Christmas carol" sold for $2.50 in Britain and just six cents in America for piracy. In 1842, Charles Dickens, so angry that he went to the United States personally, urged the United States government to adopt international copyright protection measures, but failed to do so. This is not because the us lacks a sense of copyright protection, but because it is not in America's own economic interest to do so.

In the field of multilateral copyright protection, the provisions of the Berne convention of 1886 on copyright protection are more specific, detailed and strict. The convention requires member states to follow the principles of automatic protection, national treatment and protection independence in protecting copyright. The convention stipulates that copyright protection shall be limited to the author only, and that the copyright in a literary work shall not be valid for less than the author's lifetime and 50 years after his death. The convention's level of copyright protection was far higher than that of copyright law and other conventions in the United States at the time. As an important drafting country of the Berne convention, the United States, in view of the fact that the economic and social technological development level of the United States was inferior to that of Europe at that time, and the development of publishing industry was far inferior to that of Britain, France and other European countries. In order to protect their own economic interests, the United States categorically rejected the legitimate request of European countries to promote their participation in the Berne convention. The United States remained outside the international mainstream copyright system for more than 100 years until its formal accession to the Berne convention in 1989. Prior to its accession to the Berne convention, the United States, on the one hand, used the "simultaneous publication" approach to enable American works to be copyrighted in the countries contracting to the Berne convention. That is, according to the Berne convention, a work published simultaneously by a non-state party and a state party is protected as a work first published in a state party. On the other hand, the interests of publishers in the United States are protected by bilateral agreements or regional copyright conventions, such as the 1889 inter-American copyright convention with other American countries. The convention focuses on domestic copyright protection, and the level of copyright protection is low. In particular, it stipulates that works must have certain forms to be protected, which makes a large number of European works unable to obtain copyright protection in the United States and other American markets, and thus becomes the object of rampant piracy.

The above practices of the United States seriously violated the legitimate interests of the leading European countries in technology and culture at that time, but undoubtedly gained favorable development space for the copyright industry in the United States at that time

After the World War II, America's scientific and cultural undertakings were flourishing, the publishing industry in the United States developed rapidly, and the number of overseas works was increasing. In order to protect the overseas copyright interests of the United States, the United States began to attach importance to the issue of copyright protection and international integration, so it started to coordinate the relationship between the Pan-American convention and the Berne convention. The United States pushed UNESCO to draft the world copyright convention, which was adopted in 1952. In 1955 the United States acceded to the world copyright convention. But the convention on the copyright protection period short, copyright protection except the author also includes the author's employer, works entrusted by the client and film producer, etc., the lowest for copyright procedures requirements, allows member countries legislation more procedures, not to protect the rights of the spirit of the author, protect no retroactive namely new members to attend the convention before other each member works will not be protected. Obviously, WCC has a much lower level of copyright protection than Berne convention and has the nature of the transition of us copyright protection to the international mainstream copyright protection system. In the late 1980 s, the U.S. economy, science and technology leading comprehensive development level, the United States and the rest of the world, especially between developing countries, because of differences in the levels of protection of intellectual property rights, the cause of the intellectual property rights, including copyright and relating right dispute, forcing the United States on the one hand, according to the provisions of the Berne convention in 1987, its copyright law is revised, and in 1989 formally joined the "Berne convention", implements the dock with the international mainstream copyright protection system of the United States copyright law; On the other hand, the occasion of the Uruguay round of gatt negotiations was used to urge the inclusion of intellectual property protection on the agenda of the negotiations. Finally, on 15 April 1994, the agreement on trade-related intellectual property was signed under the auspices of the United States. The agreement, which incorporates elements of the Berne convention, the Rome convention and the Washington treaty, provides for the protection of Copyrights to computer software, databases and other materials. It has intellectual property dispute settlement and enforcement provisions, and does not allow members to retain the terms of the agreement. The TRIPS agreement establishes new standards for the protection of intellectual property rights in international trade, and provides a higher standard of copyright protection than the Berne convention in general, thus bringing global copyright protection to a new level. The treaty applies not only to all WTO members, but also to all potential new members who wish to join the WTO, that is, any country or region that wants to join the WTO, must strengthen the construction of a domestic copyright system that provides copyright protection not below the minimum standards of the trade-related IP agreement. Therefore, the adoption and entry into force of the TRIPS agreement complies with the need of the overseas expansion of the us copyright industry, expands the scope of us copyright protection, strengthens the ability of the us to protect overseas copyright, and improves the international competitiveness of the us copyright industry. After the signing of the TRIPS agreement, the United States is not satisfied with the agreement to provide copyright protection level, on the contrary, also through the push to revise the TRIPS agreement, through trade and investment framework agreement, bilateral investment treaties, free trade agreements and regional trade agreements and other measures, to increase the intensity of the overseas copyright protection, improve the level of the overseas copyright protection. In addition, to meet the needs of the rapid development of information technology and network technology, the leading and pushing the world intellectual property organization in 1996 by the world intellectual property organization copyright treaty and the world intellectual property organization performing and recording treaty, aims to ensure that the United States copyright industry will continue to thrive in the 21st century.

For accurate judgment to the United States copyright industry economic development, the influence of by the association of American publishers, the business software alliance, the recording industry association, the motion picture association of America, the United States association of film distribution and other seven copyright tissue international intellectual property alliance, starting in 1990 published by the economist, the company completed the copyright industry research report, by the year 2009 has released 12 copyright industry research report. In the research report, according to the recognition of the property of copyright by the us copyright law, the us copyright industry is defined as: any industry or organization that participates in the copyright sales activity or gains income directly from the copyright sales activity is included in the copyright industry. But in nine before the report, the basis of defining the copyright industry is the standard industrial classification system, but starting in 2004, in line with the classification of the world intellectual property organization, facilitate copyright industry comparison between countries, the United States to use international standard industrial classification method was introduced to determine what kind of industry IIPA report, new statistical caliber to expand the scope of copyright industry, but it is still used by the bureau of labor statistics and the federal auditor provide north American industrial division of labor system data. The us copyright industry is divided into four categories, namely, core copyright industry, partial copyright industry, peripheral copyright industry and copyright related industry. Among them, the core copyright industry refers to the industry that creates copyrighted works as its main products, such as film and television industry, recording industry, music publishing industry, book and press publishing industry, software industry, etc. Part of the copyright industry refers to the materials that only part of the products belong to the copyright. The marginal copyright industry refers to the distribution of copyrighted goods to stores and consumers, such as transportation services for the distribution of copyrighted products, as well as wholesalers and retailers. Copyright related industry refers to the manufacturing and sales of the products produced and distributed completely or mainly in cooperation with copyright products, such as computers, radios, televisions, etc. As for the contribution of the copyright industry to the us economy, the main indicators in the first 10 research reports are: the new output value of the copyright industry, the employment of the copyright industry, the overseas sales and export income of the copyright industry, etc. Starting with the 2006 report, there are two indicators of employee pay joining the copyright industry and the contribution of the copyright industry to actual U.S. economic growth.

A series of studies on the development of the us copyright industry released by IIPA shows the development process of the us copyright industry since 1977 and its significant impact on the economic and social development of the us. The connotation and denotation of the us copyright industry, and the success of the definition, and to the establishment of a scientific evaluation system of copyright industry, marked the maturation of the theory research on copyright industry, the theoretical guidance significance for the healthy development of the us copyright industry, at the same time, also to congress amended the copyright law and to the U.S. government copyright industry policy to provide a reliable basis.

With the rise of the us copyright industry, the core copyright industry has become the lifeline of the entire us copyright industry. But piracy, especially online piracy in the digital age, poses a huge and serious challenge to the development of America's core copyright industry. In order to protect the development of the core copyright industry, American copyright interest groups, especially the copyright industry, have been pushing the United States congress to constantly revise the copyright laws and gradually improve the protection level of the core copyright industry since 1980s. In respect of computer software copyright protection, the copyright law amended in 1980 included computer software into the scope of copyright protection; It has also passed the 1990 amendment to the rental of computer software, the 1992 copyright felony act, and the 1999 copyright protection and enhancement act. In the protection of film and audiovisual copyright, criminal penalties for film and audiovisual copyright infringement were aggravated by the piracy and counterfeiting amendments in 1982; The copyright law, amended in 1988, strengthened the administration of record rentals; Passed the national film protection act in 1992 and the home recording act in 1992; 1995 bill of rights for digital performance of audiotapes; Passage of the reasonable use act under the music permission system in 1998; The family film act was passed in 2005. In terms of the copyright protection of satellite TV industry, the United States has successively passed the satellite home rating act of 1988, the satellite home rating act of 1994, the satellite home rating improvement act of 1999 and the satellite home rating extension and reauthorization act of 2004. Under the high protection of the us government, the development of the core copyright industry in the us has made remarkable achievements.

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