| This paper is composed of four parts. Part I,there is an introduction of the social and technical background of the internet. It analyzes the influence that internet has brought to the copyright and disputes on if copyright is enough to protect the new issues arising from internet. Then it emphasis the importance of copyright protection in the internet era.Part II focuses on analysis of the new issues that internet has brought to copyright and give my solutions to these issues. The traditional way of reading and communication have teen changed by the internet with new methods such as browsing,caching and hyper-text links. The traditional conceptions of copyright such as copy and communication to the public have to be renewed and modified.The fundamental conception of copyright is copying. The issue of whether the conception of copying in the past includes short and occasional copying through the internet remains a diverge from country to country. There are two different opinions on this subject internationally. You may find the analysis in the paper.It was indicated in the WIPO Diplomatic Conference in 1996 that the basic connotation of copying is to make something stable enough to be felt or copied or spread with facilities.There have not been found any law or regulations on copyright protection in internet in China,let alone copy temperately.The copyright owners strongly ask for the right to control and benefit the right of making available to the public through internet. There have been some acts on the protection of the copyright of making available to the public in the U.S.A and Australia,EEC and WIPO Treaties suchasWCTandWPPT.Part III is the core of this paper which gives a detailed description on the rights that are protected by the copyright in internet era and the way of protection. These rights include software and database and technological method and right managing message and sui genris database protection . Internet makes it true for messages to spread promptly worldwide,while makes the copyright holder worried about losing their rights on controlling the copyright. The right of the copyright holders has extended to the area of the public,which may break the balance of the privacy and the public. The public may herein after lost the freedom to get the intellectual property and use as well.i. SoftwareIn the early days when software was protected by the copyright in the USA,there had been objections stated that copyright should not be adapted to software protection. The EEC protects the personal imprint in the work but it was no more than criteria for a work according to the stipulations in the European Software Protection Directive clause one.hi China,software are protected by "The Computer Software Protection Statute".Though it is abused the software to be protected under copyright theoretically,it may not be changed for a long time. The side influence of it will be seen soon.ii. DatabaseOn the issue of database protection,the copyright based countries diverge from those of author based traditionally. For the copyright based countries,"Head Sweat" and "Due Diligent Collection" had been used before the famous "Feist Case",especially in the United States. Therewas little creative request for the database.But ever since the "Feist Case",those database without creation could no longer be protected under copyright. That is to say,copyright did not protect the database integrated with only material information any long. As to the author based countries,it had been a basic element that there were creations among the collections and arrangements of the information.How can the database with high commercial value be protected for the investment in it on condition it can not be protected under copyright?There had been a new system called the "sui generis right" in Europe to protect the database. You may also find the similar regulations in the American Act HR3531 and "Draft Database Treaty" internationally. As one of the developing countries,China abused this tr... |
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