Study On Balance Of Interests Beteween Copyright And Information Sharing In The Digital Age

In 2011,A report designed to value the intellectual property law system of Intellectual Property was published.The reporter,Professor Ian Hargreaves, think the intellectual property law system that was designed to protect the rights of the creator is blocking invention and economic development. Not only the British scholars hold this view, copyright international organization, the United States and European Union scholars also realized that the existing digital technology makes all branches of the copyright law system, including the work creation and works protection a far-reaching impact.the digital technology has caused the imbalance of interests in copyright law.The article include five parts:One.imbalance of copyright caused by the digital technologyThe purpose of copyright law is a kind of mechanism, which is to promote information sharing, and to achieve the maximum level of public information access right and freedom of expression. In digital technology today, The technology costs about the creation and dissemination of works has been down, which contributed to the creation of the civilian and daily, on the other hand, the spread of works be of a low cost and high efficiency characteristics, the two provide a better technology platform for the ultimate goal of copyright law, and the copyright law in the last century has hindered the ultimate goal of copyright law to some extent.Two. The basic conception of the rebalance between the interests of the copyright and information sharing in the digital ageThe copyright law must be modified in order to realize the aim of copyright law. In order to achieve the purpose of copyright law, copyright law must build register system and enlarge the restriction of copyright, On the other hand, we should establish an orphan work system, perfect the system of copyright transfer and limit copyright protection.Three, balance of copyright restrictions and information sharing interestsFair use system should have enough flexibility to realize the common interests of information sharing in the copyright law. As a cultural exchange of ideas in the form of a work, fan works must also be considered a reasonable use of work. Copyright law should shorten the period of copyright protection, and promote the information according the fair principle.Four, balance of copyright exercise and information sharing interestsThe development of digital technology which has broken through the limitations of time and space, can be obtained at any time for Internet users. This provides a good technical platform for information sharing. However, copyright trading system is based on the premise that the copyrighter is known. The copyright registration system can be used to beneficial to the use of the orphan works, which is beneficial to reduce the transaction cost of the work. Our country should establish the system of transfer registration, to reduce the transaction cost and improve the efficiency of the work. Copyright law should recognizeinformation sharing movement from the bottom to up, because it expands the scope of public information, and it is conducive to the realization of the value of the work and information sharing. The legal transplantation of the extension collective management system in foreign countries shall be connected with the relevant laws and regulations of the country.Five, balance of copyright protection and information sharing interestsThe copyright protection system is valid, but it should be in accordance with the principle of proportionality. The injunction system, the network service provider indirect tort liability system, should consider the relevant interests of the legitimate rights and interests of the copyright law and the legislative purpose of sharing information.