The Legal Regulation Of Private Duplication Under Network Environment

The private duplication has been existing since Copyright Law came into being. It is becoming more and more extensive in the modern society. For example, copy part or the whole from books for learning and researching, download music on the network for appreciation and record CD for own use, they all belong to the private duplication. However, in the era of printing and publishing, the private duplication was not worth mentioning. But to the Era of Internet Copyright, the economic attribute and technical characteristics of duplication are fundamentally changed with the development of digital network technology.The private duplication caused substantial influence so that the copyright owner can be "intolerable". And the fundamental reason is the progress of communication technology. The development of digital technology makes the private duplication popularized and shakes the finite duplication, which is the foundation of traditional Copyright Law. And the development of Internet technology, makes the dissemination of works become extremely easy, which threats the interest of the copyright owner and the disseminator. Under the background of the network, it is very necessary to discuss the nature and regulation of the private duplication.The paper mainly studies the characters and regulating measures of the private duplication under the network environment. In the introduction, it introduces the current situation of the private duplication briefly under the network environment, and puts forward the present problems. The second part sketches out the history evolution of the private duplication, analyzes the new connotation and features revealed under the network environment, as well as some similar concepts. Then we explore the changes of private duplication’s nature under the network environment. Does it still apply to reasonable use? Also put forward the author’s view. The third part gives some analysis of several major regulating measures of private duplication existing in the international society, which are digital rights management, copyright compensation, and internet service provider liability system. The article discusses the advantages and defects of the regulating measures objectively. Following the last paragraph, the last part puts forward some suggestions of legal regulation measures fit for our country’s development, and which aspects should be improved. It is based on our national conditions and the existing regulating measures. This paper tries to define the private duplication, distinct the nature, and analyze the present situation of the legislation, justice and practice of private duplication under the network environment. According to the unbalanced interest which the private duplication brings to the works’creator, users and disseminator under the environment, draw lessons from foreign experience and put forward some legislative proposals fit to our country’s situation for solving the new problems private duplication brings. Finally do my bit for the benign development of copyright protection in our country and the further improvement of Copyright law.