Analysis On Confliction And Coordination Between Copyright And Private Reproduction

Information and Network Technology promotes works to be transmitted, and makes more people share works, which is great transformation. As the former transmitted technology changes as, Information and Network Technology Challenge principal theory and basic systems of copyright law, and lead to established mechanism not to regulate interests among legal relationship litigants. In particular, private reproduction in cyberspace neglects owners of copyright law and make copyrighted works become public products, which damages legitimate interests of owners of copyright. However, developing Network Technology can not biased in millions of common internet' users. It also caters to requirement of protecting copyright. So owners of copyright can control works'publishment by using Technical Protecting Measures, and shares economic interests which work are published. If free private reproduction is an extreme, Technical Protecting Measures is author extreme. Because it brings a new problem that fare use can not be applied by the public. On the basis of the Network Technology and theory, this article will discuss confliction and coordination between owners and the public in the angle of private reproduction.The paper is divided into six parts except the introduction. The introduction describes that copyright law create new problem, and show the necessity and intention of creation. Part one is outline of private reproduction. It explains private reproduction' basic theory in cyberspace, including temporary reproduction and permanent reproduction, and relationship between private reproduction and reproduction right. Part two, it analyses that private reproduction impact on copyright in the period of printing copyright and simulation copyright, and copyright law attitude toward private reproduction. Part three show private reproduction in cyberspace seriously damages economic interests of owners of copyright by analysis on interests among subjects of copyright relationship. It indicates that distribution of interests is newly necessary. Part four introduces many main measures in order to deal with challenge in the digital age, views on merits and shortcomings of those measures. Part five, The author puts forward own views which technical protection measures combine with fair use through comprehensive analysis. Copyright Law tries to protect copyright, and balances social and public interests at the same time. It realizes the double value of the copyright law. Part six. summarizes the conclusion and trend of copyright protection.