Research On The Mode Of Copyright Protection In Digital Environment

The problem of digital copyright protection mode derives from the traditional legal copyright protection mode can’t meet the needs of the digital technology development. Digital technology becomes the master of cyberspace. Under digital circumstance, the creation and dissertation of works can’t do without the support of digital technology. However, the traditional legal copyright protection mode can’t adapt to the growing development and innovation of digital technology. As a result, in digital copyright protection practice, the traditional copyright protection mode can’t play a proper role in its regulation, and the digital technology becomes the rule maker in place of copyright legal institution, which leads to that technology dispels the law.between the digital technology and the copyright law, we shall reform the traditional mode of copyright protection and introduce the digital technology into copyright legal control practice, and construct the copyright protection mode which combines legal control and technical control, in order to better protect copyright in digital environment.This dissertation includes five chapters:The first chapter is introduction. In this part, the author introduced the following content: the origin of selected subjects, the present situation of this subject, the existing problems and innovations of this subject.The second chapter is the analysis of the traditional mode of copyright protection. In this part, the author analyzed the mode of copyright protection from historical perspective and arrived at conclusions: the traditional mode of copyright protection is the product of industry policies; this mode is based on the concept of private right and cored with the reproduction rights, and achieved the balance between the copyright and the public access right through rules of fair use and statutory license. But this mode is facing adverse conditions on digital environment: the protection of the private right of works collided with the share-knowledge of public supported by digital technology; the creditor cannot control the reproduction rights on digital environment; the result of the copyright protection is influenced by the use of digital technology instead of the copyright law.The third chapter analyzes the realized basis to reform the traditional mode of copyright protection. In this part, the author analyzed the social, cultural and economic influence resulting from the digital technology, and the social, cultural and economic variation resulting from the digital technology support the social reality to reform the traditional mode of copyright protection.The fourth chapter is the analysis of the theoretical sources to reform the traditional mode of copyright protection. The author considered that the labour theory of value interpreted the source of copyright, and the utilitarianism was the main basis to determine the content of copyright. Institutional Economics and Economics of Information give a lot of support for the utilitarianism of copyright. The theoretical basis to impose restrictions on copyright is the Principle of Civil Law of No Abuse of Rights and the Interest Balancing Principle. The theoretical basis of copyright relief is the theory of Public Governance encourage the multi-stakeholder involvement by society, individual and country, and protect the tights more through negotiation.The fifth chapter is about the copyright protection mode which combines legal control and technical control in digital environment. In digital environment, law should respect the leading role of digital technology in cyberspace. On the basis of measuring the cost-effectiveness of various means, solve the copyright protection problem by combining the legal control and technical control. Specifically, use the search function of digital technology to determine the source of works; according to the dominant role of digital technology in cyberspace, merge the copyright into three categories: access right, right of communication to public, and derivative works right. In the exercise of copyright, we should use the presumption authority and copy compensation together; during the commercial use of works, we should respect the autonomy of right subject, and right subject could exclude others’use by technical measures and copyright notice. However, if the right subject neither take technical measures nor copyright notice, it could be presumed that right subject allow others to get, disseminate and derive the works. In addition, in public use of works, works could be used according to statutory license, and the loss of right subject could be compensated by copy compensation. In the remedy of copyright, we should develop the relief mode including public relief and private relief. Judicial relief plays a lead role in public relief, and copyright collective management will play a role in private relief.