On The Right To Network Dissemination Of Information

Today, with the development of the electronic information technology taking microelectronics,computer and communication technology as key content, the information-based intensity of the human society is improving at full speed, and have a deep impact on economic development and social culture. Such extensive social influence have also challenged the traditional legal system, especially to the legal system of the copyright .Especially entering "network technology stage" in 1990s, as the result of technical development of network ----Internet, with a surprising pace during short decades, has developed into a global information media. This new media has brought enormous influence to copyright law, whether no matter works or the performance, recording video products, can be more easily spread in broad range,meanwhile, the control ability of copyright owners and relevant owners have been challenged greatly. In this case, compling with the development of Internet technology and the overall trend of international copyright protect, our country amended and adopted new Copyright Law on October 27, 2001 and set up " the right of communication through information Network " in article 12, that is, the right to make a work available to the public by wire or by wireless means, so that people may have access to the work from a place and at a time individually chosen by them. However, except establishing this right in the clause, there is no more detailed regulation.Under today's network technology background, if we only consider the interests of the copyright owners and improve the protect intensity of the copyright simply, it will inevitablely bring negative influence to the development of network technology .However, on the other hand, the creator is the motive power of promoting scientific and technical innovation and technological progress, if we only consider the development of the network technology and neglect the appropriate protection of the copyright, it will inevitablely cause the developing into water without a source of the network. In a word, cybereconomy era has come, under the environment of network technology, how to equilibrate the relation of copyright owner's interests and the public's interests again, to set up a better legal system which can not only protect the relevant owners's interests but also can guarantee the sound development of the network industry is essential.