Digital Works To Transfer Problem Analyses

Along with the digital transmission technology and the popularization of the Internet, online transmission and reassignment has become more and more popular. After the consent of the copyright person, lawfully acquisition of digital works for the first time is no problem, the key problem is the digital work to transfer. And now, most scholars study the problem in the way of the principle of exhaustion of right, but when they use this principle, they often ignore the copy link which plays a key role in the transfer process, so we must adjust the way of studying, through the protection and limitation of the copy right to regulate the reassignment of digital works.The principle of exhaustion of right, refers to the righter shall not be entitled to control the further sales of the works as commodity, when the original one or the copy entering the market with the agreement of the righter. The infringement of copy is not for the reasonable use, is a way of copy for profit, or without the permission of the holder, and no payment to the copy. The principle of exhaustion of right is used to adjust the general situation of transfer under the traditional environment, and the general situation under the network environment is as the same as the special case under the traditional environment, means to produce the copies then transfer, so now we should use the principle with the right of copy to adjust.Copy right and copy infringement has a new development under network environment, protection and limit system need to make new adjustments according to the new situation. In addition, the copy infringement liability and legal relief of the reassignment of the digital works also should make further complement and perfection. As a new studying path to forward, based on the pointing out the old path’s problem, the fact, legal regulation and application of the law are in detail in this paper, in order to provide some references to the increasingly problem of the reassignment of the digital work, to make the rights of copyright persons and consumers to reach a balance under the network environment, and to realize the meanings of the copyright law.