Copyright Restrictions

The rights of the copyright restrictions with the owner and society since the implementation of copyright law is the balance between the public interests, within the scope of fair use and statutory license in a certain time has played a good role. However, with the rapid development of network technology and other emerging industries, caused in the new environment, especially in the network environment the copyright has formed its own characteristics, but also brought many challenges, the existence of the existing copyright right limit system already cannot satisfy the requirement of times development proposed. Copyright law in2010for the second time amend the rules for information network transmission right, but still can’t stop online piracy incidents such as frequent damage public interests action. So aiming at problems in reality, the third revision draft copyright law promulgated in2012, is of particular concern in copyright restriction system puts forward a new content, perfected the technical protection measures and right management information system. Modification of the copyright law fully takes into consideration the change of the propagation environment in network era, shows that the equilibrium industry interests and the interests of the public view, this is also from the legislative level on the exercise of copyright in network times right limit and the improvement of the fair use. and, in fact, the rights of the copyright restrictions since beginning of exist in the law has established the balance of the copyright owner and social public philosophy, therefore, in the existing social environment on system of copyright law regulation and improvement of the research of the theory and practice of the value and significance.Third revision based on copyright law thinking, first of all, expounds the limitations in the existing copyright law system, points out the shortage of its existence, and then to the current exercise of copyright infringement and other improper conduct, and cause analysis are expounded, through to the outside of the copyright law right limit system evaluation, and on the basis of analyzing the third revision draft, the right to limit in the copyright law of our country perfecting suggestions, and then from the angle of legal regulation, provide feasibility path for the development of copyright in China.