On Reproduction Right

Reproduction right is the earliest and the most essential right among copyright economic rights. Reproduction right has experienced a history of transformation from royal authorized right which just supplied publishing houses with protection to modern copyright which emphasizes authors'　right. This transformation has profound economic ,politic and cultural reasons. The definition of reproduction right is the basis of reproduction system. There are three kinds of mode for reproduction definition in worldwide legislations: generalization ,list and mixed way of the two above .The mixed way is the best way because of combination of abstract and specification. Reproduction action is the premise of reproduction right. We can confirm reproduction action by both positive factors and negative factors which supply practical criterion in confirming reproduction action .In my opinion , Positive factors include three aspects: recurrence of works ,carrier's materiality and fixation ; Negative factor is originality of expression. Among all reproduction actions, study on abnormal reproduction is very important. Abnormal reproduction refers to a way which makes reproduction works recur with a different way from its old way. Abnormal reproduction include ways from plane to solid; from solid to plane ; from immateriality to materiality and reproduction action after one or several mediums. A lot of nations'legislation and international conventions have explicit provision about abnormal reproduction. we should regulate it in our nation's legislation. Under internet circumstances, reproduction has been expanding further. Works digitalization ,upload and download are all viewed as reproduction .In addition, there is dispute on temporary reproduction which occurs during browse on internet .Developed countries view temporary reproduction as reproduction, but excluding transient or incidental reproduction which has no independent economic significance.A lot of developing countries disagree this opinion. But I think temporary reproduction is reproduction and should be regulated by reproduction right, and the above referred special temporary reproduction will be exempted. Copyright law aims at promoting works'production and transmission ,and this aim will be reached by two aspects ,one is to authorize authors exclusive right which encourages authors to produce more works ;the other is to limit copyright by ways such as fair use and statutory license which supply the public with convenience to fairly use works, which is necessary for cultural transmission. As the most important economic right, reproduction right also should be limited by fair use and statutory license. But, as science and technology develop, reproduction technology is becoming more and more mature, reproduction is becoming more and more convenient and amount of reproduction is becoming more and more larger. Original balance between copyright person's　profit and the public's　profit has been broken .copyright person's reproduction right encounters danger of being overthrown. To prevent this situation from becoming true, western countries have started to adopt system of compensation for copyright which imposes reproduction tax on producers ,importers and sellers of reproduction instruments and reproduction mediums, and then distribute the income to authors with a fixed proportion .This system can effectively compensate copyright persons'loss. This system has virtues and explicit shortcomings ,but mankind hasn't found a better way to replace it, especially when p2p technology corrades copyright persons'reproduction right like flood and fierce animals, mankind has to turn to it again. At the end, I think we should establish our own system of compensation forcopyright according to our nation's special circumstances.