On Exhaustion Of Copyright In Digital Environment

As an important principle, Exhaustion of copyright limits the traditional exclusive rights of copyright owners. Its provisions are scattered national intellectual property legislation. From"Anna Act"to"Digital Millennium Copyright Act", they are all flashing the figure of"Exhaustion of copyright". The development of science and technology, which give opportunities to copyright law, but also challenges. From Gutenberg to Digital on-demand machines, copyright law are undergoing change in concept, the legal system, and the exhaustion of copyright is no exception. With the development line and the interests of balance, this paper attempts to restore a true sense of the exhaustion of copyright by analysing the traditional copyright and the digital copyright.This paper is divided into three parts: introduction, body and conclusion.The introduction parts briefly introduce the purpose and significance of this paper.The body parts are divided into three chapters.In the first chapter, it clarifies theory of traditional exhaustion of copyright. This chapter is mainly based on a theoretical view. At First, the author analyzes that only the distribution right in copyright can interfere with the circulation of works of carrier, and proposes that the conflict of ownership and distribution rights is external causes to establish the traditional Exhaustion of copyright. Secondly, the author analyzes that the natural conflict of"distribution rights"and"ownership"lies in inseparability of work and works of carrier, and proposes that the underlying causes of establishing the traditional Exhaustion of copyright is the inseparability. At last, the author analyzes that the traditional Exhaustion of copyright is consistent with the interests of balance, and proposes that the spiritual nature of traditional Exhaustion of copyright is the interests of balance.In the second chapter, it talks about the challenges of the traditional Exhaustion of copyright. In this chapter, The author first analyzes that science and technology has changed the combination mode of works and its physical carrier, and proposes that works and its carriers can be separated in the digital environment, and this separation is simple and low cost. Secondly, the author analyzes the works transporting in the network, and proposes that the Exhaustion of copyright does not apply to network transmission behavior. At last, the author analyzes that the distribution rights does not necessarily lead to conflicts of property rights and intellectual property rights in the digital environment, and proposes that separability of works and its physical carrier shaken basis of the traditional Exhaustion of copyright.In the third chapter, it discusses that the Exhaustion of copyright is conditional in the digital environment. At First, the author analyzes that computer software and network transmission works can apply to the Exhaustion of copyright, and proposes that it can still apply to the Exhaustion of copyright in the digital environment, however, the focus is not on the conflict of ownership and distribution rights, but on trade practices, fair trade and many other factors. Secondly, the author analyzes characteristics of computer software and network transmission works, and proposes that the Exhaustion of copyright is conditional in the digital environment. The premise is that it must not produce additional copies. At last, the author analyzes computer software and proposes that above approach can be applied in practice.Conclusion parts give a general summary to this paper. The author once again stresses the significance of the Exhaustion of copyright.