Copyirght "Temporary Reproduction" Problem Research

The Temporary Reproduction is legally entitled copyrighted works into the computer,after a brief retained by technical means of maintaining the information disappear, and thenthe computer is powered down or restart.Common in the computer field, such as Webbrowsing, online appreciate and download, is an important way to network communicationtechnologies, the majority of Internet users frequently use.Copied the purpose of copyright is to take the reasonable use of the statutory license,license for the right to protection of cultural, artistic and scientific works to be limited.Withthe popularity of computer networks, means of communication become morediverse.Traditional physical copy is gradually shift to virtualization replication, and peopleenjoy the convenience at the same time, the legitimate interests of copyright holders aresuffering from test.The Temporary Reproduction is different from the copy in the traditionalsense, the convenience of the network to the right holder is the lifting of copyright restrictions,contradiction and the meaning of copyright law in China. Indeed it as a product of the times,has a unique novelty, trends are becoming increasingly complex. At present, internationalorganizations and countries around the world to develop appropriate legislation to improvethe problem, but changing social background, cause this can not reach a unified view. China’scopyright copy clearly defined, with relative molding legislative system as a support.However, there is no clear explanation, on its nature and manifestations of controversy. Theface of the Internet age, it comes to The Temporary Reproduction of the problem is more andmore frequently, damage the legitimate interests of rights holders, but also makes the judicialpractice is a difficult problem.The Temporary Reproduction based on copyright, but also a distinction betweentraditional copies. Can not simply covers to copy into, apply the rational use of to explain, canno longer meet the needs of the judicial practice. Reasonable use can not be a defense,because it is a vague concept. In summary I believe that our country should be clear from thelegislative temporary reproduction, combining theory with practice, described the temporaryreproduction and the copyright in the copy difference, create a favorable way for the judicialpractice.This paper consists of seven chapters. The first chapter from the different background of two cases leads to temporary reproduction of diversity. The second chapter of theinternational organizations and countries around the world on the temporary reproduction ofthe legislation. The third chapter according to the copyright law in our country research, fromthe essence and form of temporary reproduction description. The fourth chapter focuses oncomparing the copy of the associated the temporary reproduction in the traditional sense. Thefifth chapter through the temporary reproduction common manifestations of download,further analysis of the temporary reproduction legal liability. The sixth chapter based on theanalysis put forward the author’s viewpoint. The seventh chapter briefly on China’s legislationof the temporary reproduction put forward feasible suggestions.