The Future Mode Of Copyright Protection In Network Environment

With the development of digital and network technology, the environment and measures of creation, dissemination and using the works have changed greatly, people with digital and network technology can obtain and use the works more conveniently, which caused largely unauthorized use of the works protected by the copyright law, the rights and interests of the copyright owner cannot be guaranteed by the current copyright law, the copyright law facing difficulties in the network era.The copyright protection crisis urged many people in the copyright areas design different copyright protection modes from different values and standpoints, Currently the copyright protection modes which have put forward and practical operated are the"the technology control path"—the copyright protection mode based on the technical measures,"the free sharing path"—the free sharing copyright protection mode and"the national regulation path"—involuntary copyright compensation protection mode."The technology control path"is the copyright protection mode which introducing into copyright laws to cope with the crisis of copyright protection in network era and now it plays an important role in the protection of copyright hold's interests. But,"the technical control path"has many negative effects, when constructing the copyright protection mode under the network environment, need to know their merits and defects, absorbing the beneficial ingredients, inhibiting its negative effects, exerting its system efficacy.The free sharing movement such as Creative Commons and Open Access developed a different system mode compared with"the technology control path"in network era which aimed at solving the copyright protection difficulties, namely"the free sharing path"."The free sharing path"using the contract law as a tool, calling for copyright holders to accept free sharing agreements by moral charisma, contributing their works to the public domain.However, this is just a utopian idea, whether the scholars using the moral charisma to call up the copyright owner to abandon or release parts of their copyright have some effects, we don't know."The national regulation path"—the copyright compensation protection mode is the product of a response to copy technology challenge and also one of the crisis solutions under the network environment, it is the national power to regulate and intervene free market, its purpose lies in offsetting the free market adjustment function of copyright by compulsory vicissitude of copyright law, better realizing the aim of legislation of copyright law. However, the copyright compensation protection mode has its own limitation, if use undeserved, may damage the liberty of the copyright of market.Three kinds of existing copyright protection modes all have its own advantages, also exist some deficiencies, their advantages should be integrated, and some may also need to be improved. Thus, in the future of network environment, we can construct a compound copyright protection mode which absorbs advantages of three existing copyright protection modes—multiple blending mode of copyright protection under the network environment. The multiple blending mode of copyright protection is the future mode which combined with the characteristics of network technology, absorbs the view of natural right, social rights theory and the theory of utilitarianism, integrating advantages of"the technical control path"and"the free sharing path"and"the national regulation path", allowing them coexist in the future of network environment, considering both pluralistic value orientation and the interests of main patterns. It accords with characteristics of the network environment, respects copyright object—knowledge's proprietary and public nature, and both the copyright law function of knowledge production and knowledge distribution. Constructing this new mode of copyright protection can reduce the operation cost of copyright law system, promote social freedom of speech and democracy, improve market competition; can help to solve the copyright protection problem under the network environment, and bring new changes in the creation ,writing and using of works in the future of network era.