A Study Of Neighboring Rights System In Network Environment

The life for people changed because of the development of Internet, which bring us a wealth of knowledge and information. It may infringe the rights of others when we draw the information.It is anonymous, virtual and rapid spread, which are the characteristics in the network environment. These characteristics challenge the existing neighboring rights legal system. It leads to the issue of protection of neighboring rights in the network environment, which requires improving the corresponding system along with the development continuously.The first international convention on neighboring rights system is the Rome Convention of1961."WIPO Performances and recording the Treaty establishes the legal status and protection of neighboring rights on the network;" Digital Millenium Copyright Act (referred to as the DMCA) is promulgated by the United States, involving technological protection measures, the protection of the integrity of the information on electronic copyright management, network service providers on the copyright infringement, the limitation of liability, as well as a number of reasonable use provisions to adjust the content. The Directive is proposed and adopted by the European Commission for the Information Society.. In the directive it made clear reproduction rights, distribution rights, and public dissemination, and provides for the copydevice and the legal protection of copyright managementBy Comprehensive Analysis of extra-territorial provisions on neighboring rights system in the network environment, the problems for the protection of neighboring rights, we will propose appropriate countermeasures to improve our neighboring rights system and solve the problems of neighboring rights system exists in the current network environment.This article is divided into four parts. In the first part, exploring the connotation and characteristics of neighboring rights in the network environment, which mainly used a literature review of research method to analyze. Neighboring rights system is relatively sound. But the rapid development of the network, making the complete neighboring rights system face new challenges, and how they can better adapt to the network environment, that neighboring rights system facing a new topic. It needs to clear rights subject, object arid content of the basic theory of problem in the system.The research priority of the second part is the extraterritorial provisions on neighboring rights in the network environment for. By analyzing the connotation of neighboring rights by international conventions, United States, European Union and other major countries, we should improve the neighboring rights regime in network environment in China from the experience.The third part explains the system of neighboring rights under the network environment of domestic protection legislation in practice. Sorting out neighboring rights system in the current network environment in China, are better able to figure out where the problem lies. These provisions avoid blind use for reference of foreign experience.In the fourth part, it focus on the legal protection of neighboring rights system. This study analyzes neighboring rights in the network environment, as well as the status of legislation at home and abroad, and leads to put forward the corresponding system of neighboring rights regime in China. it will form a relatively complete system of neighboring rights, meeting the needs of social development, and make legal protection for neighboring rights to protect our network environment.