The Research Of System Of Copyright Restrictions Under The Network Environment

The basic spirit of the copyright law is to encourage the creation and dissemination of worksby giving the author or other copyright holders the exclusive rights of the works, so as topromote the development and progress of the cause of science, culture and art. Copyrightrestriction system in line with the basic spirit of the copyright law,and it is the basic tool toachieve the legislative purpose of copyright law, so as one of the important system of thecopyright law, copyright restrictions system is need for its existence. In the traditionalenvironment, there isn’t a huge controversy of the design of the system of copyrightrestrictions, but with the emergence and development of the network environment, on theone hand, promote the development of copyright law in the traditional environment, on theother hand it poses a serious challenge to the traditional copyright law,so copyrightrestrictions system will inevitably face a series ofchallenges, such as copyright restrictionssystem, whether it should continue to exist, the copyright system to limit the scope should beexpanded or narrowed, and so on.The object of this paper is a narrow system of copyright restrictions, namely compulsorylicensing, and the rational use of the system and the statutory licensing system. Proceed fromthe analysis of the legitimacy of copyright restrictions system in the traditional environment,and then combined with the new features of copyright under the network environment,further proof of the necessity of the existence of copyright restrictions system in networkenvironment. In the traditional environment,copyright restrictions system is not able todirectly apply to the network environment, China’s copyright law has been made in responseto the development of the network environment, corresponding modifications, but there isstill much inadequacie, so by analyzing the network environmentspecific restrictions systemof copyright, and then by referring to foreign legislative experience and China’s nationalconditions, to further improve China’s system of copyright restrictions.This paper is divided into four chapters, the first chapter introduces the basic theory and thenew problems brought by the network environment to copyright protection of copyrightrestriction in the traditional environment, proposed copyright restrictions system should beestablished under the network environment; The second chapter describes the provisions ofthe copyright restrictions of the current network environment at home and abroad; The thirdchapter analyzes the current China’s copyright system to limit the difficulties faced by,mainly from the rational use of the system and the statutory licensing system for the twoaspects were analyzed; The fourth chapter is on the basis of the analysis of the chapterIII,then it proposed to improve the recommendations of the system of copyright restrictionsin the network environment.