Reconstruction Of The Copyright System In The Network Environment

The development of internet technology brings tremendous benefits and advantages to everyone. However, it also brought big challenges that hadn't existed ever before to the copyright systems. The collision of shared idea in internet and exclusive idea in copyright is the root of this inconsistency. The link of the dummy nature of intemet and the intangible nature of copyright results in the complexity of this inconsistency.In network environment, the perfection of copying, the catholicity of spreading and cheap cost impact violently on the system of copyright law. Although the cardinal principles of copyright remains unchanged, the system of copyright must be reconstructed based on these principles to suit network environment. This thesis demonstrates systemically the rationality of copyright system in internet times, and reconstructs respectively the system of copyright in the elements and limitations of the copyright.This thesis is divided into three parts.PartⅠ: This part firstly describes the impact of network technology and copyright. Then it demonstrates systemically the rationality of copyright system in internet times. Firstly, it demonstrates that the cardinal principles of copyright remain unchanged in network environment. Secondly, it expatiates property right theory in natural law, selfhood theory originating in German classical philosophy and prompting theory in order to expound fundamentally the rationality of copyright system in internet times. Thirdly, the history of copyright law is the history of technological evolvement. Copyright law can change itself to face every challenge of technological revolution. This part lastly points that the copyright could reply to challenge of network technology after being reconstructed.PartⅡ: This part reconstructs the elements of copyright in the aspects of subject, object and content.Firstly, it points that the fabricants of record and kinescope and broadcasting and TV station should be the subject of the neighboring right in network environment. The ISP should be the new the subject of the neighboring right in network environment. In the meantime, as the original subject of copyright can transmit directly works in network environment the subject of copyright and neighboring right overlaps.Secondly, it talks about the multimedia and mutual works that have come forth with the development of network technology.In the end, it reconstructs the content of the copyright:Copy right is the most cardinal right in the system of copyright law. In network environment, the subjects of copyright want more right about copy, however, the public want more liberty about copy. The key of inconsistency is how to determine the nature of "temporary copy". The law should adopt the wide defining and particular limitations about copy right to press close to the practical need and the balance spirit of copyright law.For the better model of institutional reconstruction about the cyber transmission, network transmission right of information is a multivariate copyright property right that is an amalgamation of many rights in network environment.Rights management information is closely linked with the protecting of author's status right. Its essence is the prolongation and evolvement of traditional rights of person and property in network environment.Technical protective measure must have validity and legality. It is the self-help right that leeches on to the rights of person and property in network environment. It is essentially compatible with the systems of copyright, but can't distinguish whether the intention of evader is legal or not while working. It protects not only idea, but also expression. At the meantime, it exclude exertion of the systems about the limitation of right. Making an excepting for it can't radically resolve the inconsistency. Levying a special tax on facility and service about it isn't perfect. Maybe only technology can resolve the inconsistency that is brought on by itself.PartⅢ: This part reconstructs the limitation of copyright.Firstly, this part reconstructs the fair use. The judgement principle about fair use should be introduced into China. The copying writing in digital technology by library to backup is a fair use, but copying to transmit in network should be limited. The law about cyber long-distance education should be consummated. In net environment, the spiritual right should be limited.Secondly, this part reconstructs legal licence. Fair use should be advisably translated into legal licence to ensure the proper benefits of subject of copyright and avoid impertinent monopolization. Fair use and legal licence with reserved right can substitute for acquiescence licence that is unnecessary.Thirdly, technical protective measure can be used to prevent writing's out-of-order diffuseness when the systems of limitation of copyright works.Fourthly, in network environment compulsory licence should be adopted to balance interests of the public and the subject of copyright.At last, the exhaustion of right should lapse in network environment, because carrier of writing is bodiless in network environment.