The Analysis Of "Access Right" Under Copyright System

As an important part of the intellectual property system, copyright's birth and development is tightly related with the process of science and technology. The copyright system itself is a result of the development of science and technology. The invention of printing make a copy with great quantity and less cost possible, it also make copyright protection to be necessary.After the birth of copyright system, the development of science and technology is always challenging the copyright system constantly. The copyright system is also continuously developing in the process of responding to the challenge. Following with the"technical means"constant innovation and information's accelerated the network is destined to induce a technological revolution at the moment of its birth compared to traditional means of communication. The rapid development of network technology disseminate knowledge rapidly, which builds a broad network of technical background and enrich the route of transmission in the knowledge economic era. The inherent quality and typical characteristics of intellectual property lead to a profound influence and a full range innovation.The development of network technology makes it much easier for the public access to copyright works. In order to adapt the impact of network technologies on the protection of copyright works, copyright obligees are beginning to impose"technical measures"to protect their works. However,"technical measures"is far from best means of protection of copyright works for all, therefore, the cry for creation an"access right"is arising gradually. As for disputes on the existence of"access rights" in the field of copyright law, the author provided a detailed elaboration and argument in the article. In the first part, the author first introduces the background of the access right and the introduction of its meaning, where the background of the dispute on access right has been directly presented to the reader, and introduces different definition of access rights. Meanwhile, the author discusses contemporary scholars' different account of creation of"access rights", focusing on the introduction of the relevant arguments of supporters. At the same time, the author gives a horizontal comparison the views of those with opposing views to the one of supporters.The author insist on the"exist of the legitimacy with respect of the access right exist is based on contact technical measure"and"access rights are inherent rights of the intellectual property in the copyright law system"rhetoric. Meanwhile, scholars clarified the difference between"rights"and"power"in the legal sense. At the second part, the author discusses that the"access rights"cannot be included in copyright law, which is the focus of the whole thesis. The author adopts a positive and negative critical reasoning method respectively and criticizes that the legal basis and the justification on the existence of access right in the system of intellectual property under copyright law is difficult to gain a foothold by combining the typical cases, which shows that"the existence of access right"in the argument is difficult to justify. In spite of past, present or future copyright law system cannot accept the"access rights"as its specific content.In the last chapter, the author starts thinking based on the debate concerning the existence of"access rights".The author hopes the article itself does not merely stay on the issue of the"access rights"according to their own knowledge through the analysis and comparison of international cases, and for the creation of"access rights"under the exclusive rights of copyright criticism, the author hopes this can provide lessons from the existing relevant provisions of the Copyright Law System to either legislators or scholars, who can be inspired from that in order to ensure our copyright law system to be developed and improved.