The Temporary Reproduction

Copy right is a fundamental right of the copyright. But the development of the digital technology and network technology has brought new adjustments and changes for the traditional theory of the copyright, especially in the network environment of the effect of the temporary reproduction. Temporary reproduction comes into the Copyright Law because of computer technology. It is showing complex and diversifying in the digital network environment, and at the same time rising a series of controversial of a traditional act of reproduction in the international scope.In the network environment, how to define acts of temporary reproduction is a key issue. International organizations, countries and regions have adopted legislation to provide to their nature. These legislations reflect the trend of classifying it into the scope of the traditional copyright in varying degrees,and also embodies related restrictions of the temporary reproduction. China's intellectual property scholars have not yet achieved at the legal agreement, which has been reflected in the"dissemination of the network information", and the performance is that the specific term is not guided. However, this is not the long-term plan, and China's intellectual property law should ultimately require on the temporary production in a clear provisions. This paper is set from the case of temporary reproduction -the Sony v. Stevens. It is oriented to compare the temporary reproduction and the traditional reproduction, and to discuss whether the former should be classified into the later. Secondly, with the relevant international and regional situation and legislative background of the temporary reproduction, the paper demonstrates the issue on control -style and limitation of copyright holders. Finally, the article puts forward China's corresponding countermeasures and legislative proposals: In order to achieve the copyright protection and balance the circulation of network information, China's copyright law should develop a clear term on the issue of the temporary reproduction.This paper is divided into five chapters. Chapter 1 discusses the concept of the temporary copy and the essential elements of the traditional copy. Chapter 2 reviews that the temporary copy does not meet the characteristics of traditional copy. Chapter 3 discusses the legislation of the temporary copy of the international community, and lists the relating laws in the EU, the United States, Australia and Canada. Chapter 4 focuses on analyzing the economic dynamic for the legislation of the developed countries. Chapter 5 proposes China's legislation and measures on the temporary copy. First of all, within the framework of China, to define temporary copy - "browsing" is not realistic or operational. Secondly, because of the infringement on international litigation, once the temporary copy is defined as violations, China's economic interests will be very adversely affected, and difficulties in law enforcement too. Thirdly, defining the unauthorized "browse" under "fair use" is not tenable.