Research On Distribution Right

"Distribution Right" is an important property right in copyrightsystem, and refers to the right of sale or other transfer of ownership of theoriginal works or tangible copies available to the public. The distributionright was born in the traditional publishing era before the advent of theInternet, in which the spread of the works were almost attached to thetangible carriers. So, Distribution rights became a unifying mode of thesetransmission rights that the transmission of works rely on tangible carriers,and became the basis of other copyright to achieve. With the rapiddevelopment of computer networks, how to regulate the transmission ofworks over the network reasonably and effectively and safeguard thelegitimate interests of copyright holders, has become a new challenge oftraditional copyright legal system. Because there was no right can directlyregulate the network communication behavior in the traditional copyrightrights, whether the distribution right can be used to control the networkcommunication behavior of works has become a key issue in the modernsystem of distribution right. Awareness of this issue, the internationalcommunity have different perspectives and programs, China is also facingthe same problem. However, The current distribution rights legislation inChina is very brief and relevant judicial interpretations has led to theidentification of the distribute behavior unclear, which objectively providea space of possible for our distribution rights applicable to the networkenvironment. At the same time, Our legislation has chosen the way of newinformation network transmission right "to regulate the work networkcommunication behavior, which objectively led to the applicable conflictof distribution rights and right of network communication in the networkenvironment. The Longyuan case is a concentrated expression of thisconflict and is a direct reflection of the deficiencies of the system ofdistribution rights in China. As a result, I try starting from the basic theory of the distribution right, combing the connotation of the distribution rightsand the essential characteristics, and combined with the relevantinternational treaties and national legislations; then, analyzed through theapplication of the right of distribution rights and the principle ofexhaustion of distribution rights under the network environment, afterwhich ultimately put forward legislative proposals to improve the systemof distribution rights in China. In that case, I hope it will useful to thesettlement of the aforementioned conflict and the improvement of thedistribution rights System and the right of network communication systemin China.The first chapter discusses basic theoretical issues related todistribution rights. Starting from the History of distribution rights, anddescribes the era background and reasons for the distribution rights. Then,clear the concept of distribution rights by comparison with the relatedrights. On this basis, analyzed detailed of the constituent elements of thedistribution rights, and finally summed up the nature of the distributionrights.The second chapter focuses on the application of the right ofdistribution in a network environment. Firstly, start from the Longyuancase to tell the conflict between the distribution rights and the right tonetwork dissemination of information in a network environment. And thenI analyzed the causes of this problem and different solutions combinedwith the international treaties and national legislation to. Lastly give thereflection of China’s existing distribution rights legal regime.The third chapter discusses the issue of restrictions on the right, Thefirst sale doctrine of distribution rights. Firstly, defined the principle ofexhaustion of distribution rights and analyzed concepts and causes, thenintroduce the specific legislations in different countries. After that, Ifocused on the uses of the first sale doctrine in the network environment.The fourth chapter discussed the legislative proposals to improve thesystem of distribution rights in China on the previous basis. First, collationand analysis the current legal system of distribution rights from both thelegislative and judicial level. Finally, give out the specific legislativeproposals to improve the distribution rights in China’s legal system over the main problems.