Communication Right Of Information Network And Its Restrictions

In China, the amended Copyright Law was issued on Oct. 27 2001, in which the contents have been added about copyright protection under the environment of network, namely the "Communication right of information network". The Law also says that the protection code of this right will be stipulated by Chinese Central Government. The target of the dissertation is to reasonably decide the scope of this right, protect the interests of copyright owners and give some suggestions for the legislation of network copyright protection.The advanced countries have successively amended their copyright laws to adapt to the environment of network spreading. And our government has also issued temporary provisions, later the Copyright Law is amended. The increased contents of the law accord with the international conventions, which require the copyright owners should be endued with network communication right. The characteristics of network transmission make a great influence on the theory and practice of copyright law, it is necessary to take the technical factors into account if one is willing to make a good code for this right's protecting. The factors offer us some important reference about how to define the name, subject and object of the Communication right of information network. In the field of practice of this right, it is decided by the characteristics of net transmission that we should endue with ISP a kind of neighboring right, and establish a copyright collective management agency especially for Communication right of information network.The right restriction is the emphasis of the protection code of this right, and we can make use of the theory of Interest Balance toprescribe it. The opinion of the dissertation is that the balance should be inclined to the benefits of the users, and this is reasonable. Under this precondition, all experience of right restriction should be thought over whether the Copyright Law stipulates it or not. For example, how does the code regulate the bound of fair use and statutory license, whether the "implied authority" should be established for the net transmission. In the circumstance of network, the ISP should not burden too strict responsibility for infringement or compensation. The code should figure out ISP the exemptible range for their infringements, which is able to help ISP to reduce their operating risk, and will result in the stability of the material basis for the works' spreading in the net.At present, the circumstance of our legislation comes to mature for the Communication right of information network. Based on the former discussions on this right, the dissertation offers some operating advice about the protection code's legislation of Communication right of information network after considering foreign related experiences of legislation.