Work On A Temporary Copy Of The Legal Regulation

Reproduction right is the copyright of a fundamental right. All the time since, the copyright holder for the exploitation of works are almost always based on the copy right of control over, but with the development of digital technology and the development of network technology, the temporary copy right copyright should be all, temporary reproduction right is the traditional copy right include, these problems are the most intense debate problem. Because of a temporary copy not yet formed a unified, about the temporary copy debate lasted for ten years. Based on the theory and the judicial practice of the temporary copy, put forward their own views.This paper is divided into four chapters, the main contents are as follows:The first chapter reproduction popular speakers, is through a variety of production and the original works the same works, with works content reproduction, reproduction vectors of tangible and existence of fixed. Temporary reproduction while has its own characteristics, namely the main body not sex specific, copy or not complete copy of the automatic nature, but replication and the temporary copy the difference is compared, there is no qualitative difference, so a temporary copy should be incorporated into the system to copy.The second chapter from the theory and judicial practice of double examines and investigation, especially from the Chinese theoretical circles on the temporary reproduction and perspectives are discussed deeply, the temporary copies shall be incorporated into the copy right; besides the theory discussion, the judicial practice is explored, although in theory the temporary copy the great controversies, however, in judicial practice are considered temporary copy to copy system, the United States in1999Intellectual Reserve, inc.v.UtahLighthouse Ministry, Inc case, early on the temporary copy confirmation. In2009May, Tencent v. Wang Jinyou, also indirectly on temporary copies for confirmation.The third chapter "Berne Convention" was first defined in any way and take the form of any copy to copy range."The World Intellectual Property Organization Copyright Treaty" and "WIPO Performances and Phonograms Treaty" although in the last section, no temporary copies added, however, the temporary copy is reproduced by a reproduction right, this is the development trend of. In the United States, the European Union legislation in foreign countries, such as Australia and Canada, China in the legislation that the temporary copy is replicated a Japanese, although in the legislation does not recognize the temporary copy into the copy system, but," temporary storage" rules has become an important issue.The fourth chapter should clearly in legislation of temporary copy, in "computer software protection regulations" and "regulation of information network dissemination right protection" in determining a first temporary reproduction, this concept is introduced into the two act to amend the copyright act.in establish temporary reproduction, to establish the implied license a system and compensation system, and the traditional fair use system was modified, temporary system implementation.