Private Replication Studies Under The Network Environment

With the development of technology, the private copying Presents new characteristics. Especially the development of network technology makes the replication capability of private copiers has been greatly improved, which is a serious impact on the interests of the copyright owner. If we still in strict accordance with the fair use of traditional copyright as to judge the nature of private copying behavior, might cause too much protection of the copiers and crack writers’ creative enthusiasm, thereby breaking the equilibrium of interests between the copyright owners and the public. In order to avoid the occurrence of such a situation, we should adjust relevant laws, and improve the system, so that the interest of the public and copyright owner to achieve a dynamic balance.This paper is divided into four parts. The first part mainly elaborates the meaning, characteristics and value analysis of private copying, and some other related theory. This part also analyzes changes of the definition of the nature of private copying taken by the development of network environment, which is intended for further analysis.The second part mainly introduces the existing rules of the private copying, mainly some international conventions and some provisions of developed state. By carrying on the comparison and induction, we find some enlightenment which China can learn from.The third part of the paper is analysis of the current situation of our country, namely the existing legal provisions and its consummation. At the same time with P2P software as an example, with the judicial practice in the specific case, the software terminal users and Internet service providers’ responsibility respectively are analyzed.The fourth part is the conclusion part, which puts forward two major opinions, first of all is the existing copyright law on fair use provisions were modified, followed by the establishment of supporting system, which mainly include the strengthening of Internet service providers’ responsibility, perfecting copyright collective management and the establishment of copyright compensation system. Only by taking the comprehensive management mode, can reasonably control the private copying with the network environment, so as to achieve the balance of interests in copyright law.