数字环境下著作权隐喻运用的现状及其完善策略

摘要

通过分析数字环境下著作权法的两种重要隐喻运用的失灵现状，考察数字技术挑战隐喻运用的原因，提出基于公共利益价值定位的完善著作权隐喻运用的策略建议。%This article analyzes two important types of metaphors employed to conceptualize copyright and examines legal dilemmas those metaphors are facing in a digital context. Then it lists several reasons as to why those metaphors are being chal enged by digital and network technology. The objective of the article is to suggest a way to deal with technological change faced by copyright law which is to apply those metaphors based on public interest value orientation.