On Copyright In The Network World

The reproduction right in the cyber space is one kind of rights that can maintain the interests between the copyrighter and the social public people and also uphold the development of the network technology. The reproduction it aims should have some limitations, which means that the reproduction should include the users'activities that they fix works through special operations in order to achieve a special purpose, temporary reproduction is not the reproduction with legal significance. The reproduction right is one of the most important property rights of the copyright, and one of the main issues in copyright legislation as well. Reproduction, under internet circumstances has invisibility, fast, convenient and Tort of subject's uncertainty and concealed, which make the copyright owner difficult to control the reproduction right. The clash between the characteristics of network environment and the essentials of conventional copyright system has brought strong impact on copyright, especially on reproduction right which is the most important and basic right. The clash is not only technology problems,social problem, but also a big shock in intellectual property area. in the network environment, the logical premise of the reproduction realizing is the digitized behavior of works; the limitation of reproduction is to reasonably eliminate conflicts between work creators, works communicators, and works users, next maintain the basis of a balance, to promote the social prosperity and civilization progress in the basis of protect the copyrights.. In this way, we may make use of the network resource healthily, Under internet circumstances, the define of reproduction range,temporary reproduction,the protection and limitations of the reproduction, tort and relief,them both have some new significance. So these question are the focus of this paper. In the network environment, reproduction infringement occurs in the special cyber space, its damage results is difficult to identify, the subjects which to undertake the liabilities are extensive and uncertainty; for the ICP(internet content provider),OSP(on-line service provider) and wide-range users which violate the right of reproduction, they should undertake different liabilities according to their different roles, and they should be restricted by different principles of the liabilities; to relief the reproduction infringement, there are three legal roads——civil,administrative and criminal; to complete the relief of reproduction infringement, we should combine with our conditions and refer to the basis of activities of developed countries and TRIPS,WCT,WPPT.