Copyright Exemptions On Private Copying In The Internet Environment

With the development of internet technology, the balance between copyright owners and the public has been disturbed. In the procedure of searching for new balance, it is a serious topic on proper reservation for the public to exploit copyrighted materials in the internet environment. Based on the analyses of reproduction right and the characteristics of private copying in the internet environment, this paper is tying to explain the immunity mechanism of copyright in two aspects: statutory exemptions and voluntary exemptions.This paper is consisted of four parts. Partâ… mainly analyzes the different demands of copyright protection by different categories of digitalized information, which was produced with or without a commercial aim. As well as figuring out the two characteristics of private copying in the internet environment.Partâ…¡reviews the regulation of reproduction right in different countries and international conventions, and analyzes the available statutory exemptions to private copying in the internet environment.Partâ…¢points out the improperness of using"implied license"to explain the voluntary exemption of unauthorized private copying. By introducing the concept of"immunity", this part is aimed at formulating an acceptable framework on the application of voluntary exemptions.Partâ…£focuses on the rationality of private copying in the internet environment, and tries to explain the evolution and probable trend of copyright restructure through a view of institutional economics.