The Research Of Compensation For Private Copying System

The development of science and technology will challenge the copyright law on a balance of interests constantly, meanwhile the copyright will be responded to that. Compensation for private copying is one institutional arrangement for the large-scale private copying under the condition of simulation technology. Although it is not perfect, the value of its system is certainly considerable. It eased the tense relations between the right holders and users in the simulate copy times, also can be used to solve the problems in the field of private copying effectively. For less of the research on the system of compensation for private copying, this paper will research it thoroughly from four parts: theoretical basis, the reality mode, the value of the times and localization.In addition to the preface and the conclusion, this paper is divided into four chapters to the following address:Chapter 1 is "The Theory Sources of Compensation for Private Copying System". This chapter discusses the theoretical foundation of the compensation system from the logical premise, the foundation of the philosophy of the law, the constitutional level, the nature and the connotation of the compensation, its collection and distribution arrangements, and so on, from abstract to the concrete, from far and near, will also be opened to its legitimacy to conduct feasibility studies.Chapter 2 is "The Experiences and Patterns of Compensation for Private Copying System". This chapter chooses a typical, mainly in Germany and USA, introduced their legislation and the evolution of the law in force, and also under the guidance of the first chapter to evaluate the legislative compensation in this two countries, pointing out that the pros and cons.Chapter 3 is "The Compensation for Private Copying System in Digital Era". The Compensation for private copying system in Digital Era, except its own illness, has certain conflicts and contradictions to the technical measures. The applicability of the compensation system to the network software p2p which is members of concern now also values of researching. This chapter primarily on these issues are discussed.Chapter 4 is "Research of Importing the Compensation for Private Copying System". By analyzing the compensation system into its merits and feasibility, we can see that the condition of importing the compensation system is not ripe in China.There is a close logical relationship in the four chapters of this paper, from theory to practice, history to modern and foreign to domestic. The compensation system has been existed for many years abroad, but there is only a little research on its theoretical study. In this paper, an innovative point is the deep research to the theory of the compensation system, especially it reflected a certain amount of originality in the considerations to the logical premise, the foundation of the philosophy of the law and the significance of the constitution.