The Digital Dilemma: Private Use In The Internet Environment

In the history of Copyright Law, private use had been a meaningless question, for the public could enjoy the freedom of private use according to the protection of series of exceptions and limitations to copyright, despite use of copyright, works, consumptive use or transformative use. However, development of technology, such as digitalization of information and communication through internet, has changed the situation above, making infringements caused by private use headaches of copyright owners, especially in the internet environment. Private use, as a digital dilemma being researched in many countries, has been the greatest challenge to copyright law. This paper is aimed to provide suggestions of regulating the behavior of private use in internet environment for China, by analyzing the development and status quo of private use, also researching domestic and foreign cases, and choices of legislation and justice.This paper puts weight on feasibility analysis, and adopts Historical Examination and Comparative Analysis as research approaches. On one hand, to find evolution rules and historical experiences of copyright law's dealing with new technologies by reviewing the history of private use; on another hand, to compare and analyze other countries'legislation and justice practice in order to provide references for China.This paper is consisted of four parts. Partâ… mainly analyzes the status and functions of private use in copyright law, because private use is a non-standard conception whose"panorama"should be defined in copyright law. It is suggested that private use could be divided into four categories: transformative use of works, consumptive use of works, transformative use of copyright and consumptive use of copyright, which are separately regulated by Idea and Expression Dichotomy, principle of First Sale and principle of Fair Use in copyright law.Partâ…¡reviews the evolution and transformation of private use in progress of technology development: private use, which was reasonable in era of printing copyright, was oppugned in era of electronic copyright when right of leasing and copyright levy came into being; in era of network copyright, private use is no longer"totally reasonable", and become a dilemma in the internet environment.Partâ…¢researches other countries'methods of solving and regulating the problem of private use: there is no absolutely effective and"perfect"scheme in solving digital dilemma of private use, whether prosecuting ISP as a legal method, DRM as a technological method, or copyright levy as a economic method.Partâ…£makes some advices and suggestions for China based on analysis and research above: harmonization and development in law, technology, economy and copyright education should be essential in dealing with digital dilemma of private use.