Research On China's Copyright Balance System In The Digital Environment

The origin of copyright system dates back to Statute of Queen Anna, which was implemented nearly 300 years ago. During the development of copyright system, there exists a constant conflict between the copyright owners'private right and the public users'right. Copyright is a monopolistic right granted by the country to the owners aiming to encourage their creativity enthusiasm. On the other hand, the owners'copyright is also restricted to some extent with the view to ensure the public's availability of information as well as the spreading of good intellectual works, thus improving the country's culture industry as a whole. How to balance the interest between copyright owners and public users is the main concern of the copyright system. With the development of science and technology, the conflict between the rights of copyright owners and the rights of public users is become much more severe than before. And the constant searching for new copyright balancing point makes the copyright law being improved over and again.As the consequence of the emergence and rapid development of internet in the late of 20th century, the internet and digital technology brought great challenges to the traditional copyright laws. The complexity of subject, enlargement of object and multi-rights imposes great impact the original copyright system. Therefore, adjusting and bettering the copyright balance system is of great importance.Through the analysis of internet-based copyright features, its existing problems as well as the copyright management experience abroad, the author proposes some principles to balance China's internet-based copyright and then puts forward some suggestions for the perfection of copyright protection measures. This paper falls into five parts: Chapter 1gives a general introduction to the balanced copyright; Chapter 2 introduces the impact of internet on copyright law and the new development trend of copyright; Chapter3 presents the measures taken to balance the copyright both in China and abroad. Chapter 4 analyzes the conception of balanced copyright system and the principles to build the system; In Chapter 5 the author puts forward some suggestions to better the copyright balance system in China.To build a balanced copyright system in the digital environment, great efforts should be made in the following aspects, namely, to mend the rules and regulations on copyright, to reform the government management pattern, to better the market regulation and to improve the technical measures of protecting copyright. Accordingly, the new copyright system should include four factors: copyright laws, government management, market regulation and technical means. In addition, the author holds that when"fair-use"is introduced to spiritual right, flexible standard other than stable standard should be applied to define"fair-use"and the latter standard is often used in Continental Legal System.In the paper, comprehensive research methods such as linking theory with practice, comparative method, economy theories applying and case study are used to analyze China's new copyright balance system in digital environment, with the purpose to give a hint to the development of China's copyright system as well as its copyright industry.