On The Expansion And Restrictions Of Copyright Under The Network Environment

"No disseminating no right" this thesis have achieved a consensus in copyright field at present. Intellectual property is the product of technology and commodity economy, including copyright of course, it is coming into being and changing the technological revolution. Specially, the influence by networking is unprecedented.The expansion manifests in many aspects, mainly including subject, object and content. At the beginning, the subject is restricted in the author and the publisher, along with the development of the dissemination technology, the recording video maker, the broadcast television maker, the digital maker and so on have integrated in. The new dissemination technology has new manifestation, expanded the extent of protection, for example the software, the database. The had stipulated the copy right explicitly, it's the only one right, and then there be more and more. The reason of expansion is multiple; the immediate and primary one is the development of the dissemination technology. These reasons have provided certain validity for copyright expansion, it is seasoned with the demand of the socio-economic, but we can not neglect the negative influence which it brings, it limit the public proximity the work; it has affected the following creation and so on, we must consider these questions. In order to keeping moderate and reasonable, achieving the ultimate objective, we must take some restrictive measure.Literature, science and artistic work are not only one kind of manifestation of the author's personality and desire, but also they are the unify product which the social labor and the personal labor, to disseminate these works widely as far as possible, rich people's spiritual life, promote the entire society cultural, we should carry on some essential limitative measure. The limit measure is a basic system to come true the copyright law goal, includes the reasonable use system, the statutory system, the obligatory license system and so on generally under the traditional environment. But along with the development of the technology, some works which may be used reasonably under the traditional environment become unreasonably again in the cyberspace, to protect author's benefit fully, we should take certain opposition to restriction measure, At present, the general procedure are collect photocopying, record tax to limit the reasonable use for the public, adopt certain technical measure limit public close, use the work, using the right management information's increase to work optional use and so on.The expansion, restriction, oppose to restriction of copyright are different manifestations under the unique environment in the process of the copyright development. But at the same time they are held down by the copyright's eternal subject- -benefit balance, copyright is fluctuating at this line high and low to maintain dynamical equilibrium. The copyright grows out of author's creation. The author is the fountainhead of the work, if we don't respect creation, don't maintain the author's benefit, that will suffocate author's enthusiasm, thus will harm the public interest finally. But the ultimate objective of copyright is promoting the dissemination of work, development of cultural, therefore the copyright establish public domain, it's the key to balance private and public. The author, the disseminator and the user are the most important and basic subject in copyright domain, they take different rights, undertake different duties, their position is obviously opposite. The authors hope that they can control their work to obtain the maximize benefit, and defend own prestige through the protection work's integrity. Regard to the disseminator, to take back their investment and make profit is the most important consideration, based on this, the disseminator also advocates control the market. To the user, they hope to use work maximum. How to process the relations among them effectively specially between the author and the public is the most basic theory question of the copyright law, also it's the key to solve the copyright law benefit balanced.