Temporary Duplication Research On Network Environment

Copy right is a basic copyright enjoyed by the copyright owner, the earliestrights and economic rights. The rapid development of network technology in bringnew growth opportunities to our country economy at the same time, also to the law inour country, especially in the copyright law has brought the huge impact. Because thenetwork can provide exceptional for information resources, strong penetrationcapability information reproduction and transmission facilities, to copy the behaviorof the spread of the universality, the print effect lifelike, recommend suite as well asthe cost is low, become the world’s largest replication equipment. Faced with thechallenge of new technology for the legal system of intellectual property rights, howto implement knowledge as much as possible to benefit the public on the one hand, onthe other hand, to the maximum extent and to provide incentives for the creator, willbecome a big problem in the online world.In this paper, by a case study of the temporary copy-tencent v. Wang Youjin,taobao copyright dispute, for temporary copy and objective than traditional replication,discuss whether temporary copy should be attributed to traditional replication scope;Secondly combining with temporary copy of relevant international and regionallegislation present situation and the background, from the public reasonable use, thecopyright owner of temporary copy control mode and its limitation, etc are discussed;At last this paper puts forward the corresponding countermeasures and Suggestions inlegislation in our country, think that China’s copyright law should be clear theproblems of the temporary copy, in order to realize copyright protection and thebalance of the circulation of information network.This article is divided into three chapters. The first chapter Outlines the concept,characteristics of temporary copy and its comparison with traditional replication, it isconcluded that whether it belongs to traditional replication. The second chapter putsforward the international legislation analyses on the temporary copy, enumerates theEuropean Union, the United States,and Canada and other countries legislationsituation and discusses the economic motives behind legislation. The third chapteranalyzed our country present stage about temporary copy legislation and put forwardthe countermeasures of temporary copy of legislation suggestions.