The Analysis And Perfection Of The Interests Balance Mechanism Of Internet Copyright

As the basic principle of copyright law system, the interests balance theory hasplayed an important role in the legislation and judicial process of copyright. Nowadays,the development and innovation of computer network technology has brought us into theera of big data.“Information explosion”, the status of network intermediary be highlighted,information spread fast and widely. How to set up the rights and obligations of internetcopyright? How to balance the interests between the author and the public? How toguarantee the interests of network intermediary? The interests balance mechanism underthe traditional copyright system cannot give satisfactory answer to these questions. At thispoint, we need to explore new weights of balance of internet copyright in the newenvironment, perfect the interests balance mechanism of internet copyright. To coordinatethe rights and obligations of each subject in the internet copyright interests of pattern,ensure the implementation of their interests. To promote the stable development of internetcopyright finally.The thesis puts the building of interests balance mechanism of internet copyright asthe research target. Firstly, based on the theory of interests balance, the thesis discusses thevalue judgment attribute, the process of dynamic balance, characteristics of abstractconcept of interests balance, and its embodiment of the copyright law system in ourcountry. Secondly, summed up the trend that the copyright law system continue tostrengthen the protection of internet copyright, through the analysis of the relevantinternational conventions and domestic and foreign legislation. Take this as the systembasis. Thirdly, the thesis combines with the particularity of network environment and thestatus quo of the copyright system, sums up the imbalance of internet copyright system inour country, as the research entry. At last, this thesis builds the interests balancemechanism of internet copyright. Analyzes the ought to be state of the interests balance ofinternet copyright from the following five aspects: the setting of rights and obligation, thelimited of public area, the protection of technological measures, the distribution of theburden of proof, the rules of compensation. And then puts forward the specific rules of theperfection of interests balance mechanism of internet copyright in our country.