Research On Copyright License Contracts Under The Network Environment

It is undoubted that we will come into "digital time" in 21century; the occurrence of the network makes the mankind's life getting more convenient. But there are also risks and challenges.a great deal of infringement behaviors exist under the network environment and become a world problem. The reason of most of infringement is the infringers have no legal licensing. To prevent from the emergence of infringements, in addition that all countries reach the technique protection of consensus measure, the contractual mode is undoubtedly a kind of protection method for getting to the root of the matter. The copyright license contract under the network environment needs to transform with the demand to protect network copyright.Firstly, this text carried on an outline to the traditional copyright license contract. The copyright license contracts have "forms" of traditional contract method and have "spirits" of copyright law at the same time. The text points out the challenges that the copyright licensing under the network environment is confronted with. Along with extension of the scope of "works" under the network environment, the dissemination of works becomes a hard control. How to make a copyright license become a hard nut to crack, under the network environments, the copyright licensing contracts need to self-change to adapt to the demand of digitalages and reduce network infringement.Secondly, we complete the analysis of principles and restrictions of the copyright license contracts under the network environment. There is the suspicion that the extension of the principle of party automy under the network environment makes the copyright law useless. Only the coordination of the principle of party autonomy and interest balancing principle can adapt to the request of network copyright, and both of them can not be neglected. The final destination is the realization of harmony of copyright law under the network environment. Under the network environment, the restriction of traditional copyright law need to be changed, and the fair use of copyright must be re-defined. the copyright law is to carry on rules and regulations by anti-monopoly law, to promote competition, and also to encourage innovation and creations of the copyright law target. Thirdly, the scope of the object of the copyright license contracts under the network environment need to re-defined; As the licenser and licensee, the legal subjects in the copyright license contracts under the network environment have new characters. The rights of works include property rights and spirit rights. All countries all carry on reasonable reformation on the spirit right under the network environment. the rights and obligations of the licenser and licensee have new contents under the network environment. The liability for breach of contract on the basis of the contract law has its specialty. The text discusses the states of breach of contracts and the methods of liability, escape cases of the copyright license contracts.Lastly, the text introduces foreign countries'advanced experiences about network copyright license contracts.facing the profound changes of copyright under the network, the Convention expand the horizons of copyright license to cyberspace, and established a new right-the right of transmitting internet information.The EU law makes powerful intervention to the copyright objective, copyright and its related rights, its purpose can be seen in information' information dissemination.《Digital Millennium Copyright Act (DMCA)》and《United States Uniform Computer Information Transactions Act)) in the United States made rules of the network copyright. The Kitagawa Zen taro's "copyright market" theory and on-line copyright trade of the Europe and America are worth to mirror.there are some amendment suggestions on the regulations of copyright license contracts in the new copyright law.we should build up a perfect platform of network copyright trade, and then complete the regulations of copyright law.