The Research On The Personal Duplication Under Network Environment

With the development of digital network technology,the issue of personal duplication is becoming more and more prominent, and the advanced technology make it possible to be easily utilized. Accordingly, the benefit of copyright owners is facing up to challenge, the balance has tilted the public domain. Personal duplication is ubiquitous in our lives. Recently, cases about personal duplication in real life is more and more, especially personal duplication in the network environment. Questions that who should take responsibility for the violations, and how to make up the interests of copyright owners, and how to define the personal duplication which in the network environment are related to the basic position of copyright and to the public areas reservation.These questions also related to the core of copyright law theory and the the fundamental aim and purpose of legislation.How to treat the personal duplication is a subtle and complex problem,which has a strong academic research value and significance of practice. In this article, it analyze typical legislative model for the personal duplication in current network environment,and indicate their advantages and disadvantages. Furthermore, based on the characteristic of the current system and the trend of future development, it raise some advices to improve personal duplication issues on legislation.This article is divided into four parts:The first part is the general overview on personal duplication in the network environment. This part expound the content and extension of personal duplication under the network environment and indicate that the extension only include the permanent copy not the temporary copy.Then, personal duplication posed three challenges to copyright law: Firstly, the interests of imbalance has occurred; Secondly, fair use is no longer reasonable, the nature began to be questioned; Thirdly, judicial protection has been inadequate, other sources to resolve problems are needed.The second part analyzes the nature of personal duplication, and shows the dispute about personal duplication and the reasons why it is difficult to determine. Then, my point of view on the trend of statutory licensing of personal duplication is described.In the third part detailed and comparative analysis of current personal duplication models are showed. Some advantages and disadvantages of the copyright compensatory payment system, technological protection measures and digital rights management information are demonstrated. Finally, it get a conclusion that the best option should be their fusion with each other.The fourth part is the perfect proposal about the problem of personal duplication under the network environment. First, the reasonable position for personal duplication including nature and scope is investigated. Second, the responsibility of internet service providers is analyzed, and internet service providers'status and responsibilities on addressing personal duplication are pointed. Limiting the burden of internet service providers'responsibilities make them development properly. Third, the integration of copyright compensatory payment system and digital rights management system is the best solution to the problem of personal duplication. Finally the construction and improving of collective management organizations are analyzed including the necessity of collective management organization and model selection.