The Balance Of Interests In Copyright On Cyberspace

Copyright is a kind of private right in substance, which stands for the private interests, while sharing the resource of information is a way to distribute the public resource, which stands for the public interests. In one hand, if give more weight to the protection of author's right, the public's right will be damaged, which prevents the aim of the copyright. In the other hand, if give more weight to the public's right, it will depress the impetus of author's creation, which also prevents the aim of the copyright. So it is very important to consummate the copyright law, the key of which is the system of balance of the interests.The development of information technology and internet technology considerably change the creation and spread of works, change the intension and frequency of creation. This change raises the stakes enormously in copyright, brings out the epoch problem in the balance of the interests of copyright. The foundation stone of copyright is the balance of interests between authors and the public, which has been break in digital age. How to reconstruct the balance of interests is the pivotal task in present age.The theme of this study is to discuss copyright problems posed by cyberspace based on the theory of balance of interests. Following analyzing the principle of balance of interests in the traditional copyright law, this study makes an effort to exploring the unbalance of the interests in cyberspace. This study also make effort in exploring how to reconstruct the system of balance of the interests based on summarizing the research fruits both in domestic and overseas.