A Comparative Research On The Exhaustion Of Copyright And Parallel Import Of Digital Products In The Era Of Internet

With the entry into the era of IT, the Internet has influenced the system of copyright greatly because of its non-border, simulation, digital and interactivity. It is recognized congruously that it is the exclusive right of the copyright holder to upload the works onto the Internet. However, it is a challenge to exhaustion doctrine of copyright how to regulate and equalize the benefit between the right-holder and the public. At the same time, there are experts who reckon that parallel import of digital product will not be a controversy in the era of Internet. The methods of comparison of law have been introduced in the paper. It is consisted of three kernels. The first is the comparison of the type and the content of legislation about the transmission of works over the Internet between EU and U.S.A. The second is the comparison of the background, the intention and the content of legislation and the case about the copyright exhaustion of digital product under the environment of Internet between EU and U.S.A. The third is parallel import of digital product in the cyberspace. In order to regulate the transmission of works over the Internet, the right of transmission has been coordinated by the "Copyright Directive"of EU. The right of communication to the public of works and the right of making available to the public other subject-matter have been introduced in the EU 'Copyright Directive'. The transmission of digital product over the Internet is treated as a kind of service and this service can be repeated forever. So exhaustion doctrine doesn't have relation to the transmission of digital product over the Internet. The transmission of works over the Internet has been regarded as a form of the right to distribute copies, the right to perform the works publicly and the right to display the work publicly provided in 17 Code in U.S.A. It is not necessary to introduce a new kind of right about the transmission of works over the Internet. 'The limited digital first sale doctrine'has been adopted under the environment of Internet in U.S.A. The parallel import of digital product through Internet has been deducted from common parallel import. Through analyzing the relevant laws, regulations and theories, the author has set forth clearly the standpoint that should be held by China. It is advisable to imitate 'the limited digital first sale doctrine'adopted in U.S.A and clarify the conditions that apply the exhaustion doctrine. As far as the parallel import of digital product through Internet, prohibition is the answer for China.