Theory Of Copyright Levy System Of Private Copying

Along with the digital-network technology rapid development, China’spopulation of Internet users are rapidly growing, China has entered the era of digitalnetwork. Digital network technology affected every aspect of life, also made atransforming influence on the copyright under the network environment. The rapiddevelopment of information network technology has improved the way we getinformation, but also changed the copyright owner for economic interests way. Digitalnetwork technology expanded the scope of the work communication, improved thethe rate of spread of the work and the brought the use of works to a new vitality, butalso threatens the copyright owner interests. By using CD writers, computers, mobilephones, search engines, P2P softwares and other equipments and technology, privatecopy and unlimited use of the works from public have exceeded the limit that thecopyright owner can tolerate, seriously affected the normal profit of the copyrightowner. How to effectively maintain copyright ower’s interest in the digital networkenvironment, and how to satisfy the public’s information demand and at the same timeensure that the economic interests of the copyright owner that is not damaged toomuch, is an important topic in the development of intellectual property law. Privatecopy copyright levy system is a special system to protect the copyright in someamerican-european countries, the original intention of the establishment of it is to easethe tensional relationship between copyright owner and user under technologyconditions. Although in different countries have different specific content, there is nodenying the fact that private copy copyright levy system played a ease the role ofcontradictions bewteen the copyright owner and user, especially in the new age, it hasirreplaceable value. Digital music is an important representative work in digitalnetwork environment. Taking this as an example, this paper tends to discuss thenecessity and feasibility of the private copy copyright levy system in our digitalnetwork environment.This paper has five parts, the structure is as follows:The first part is the introduction and analysis of digital music copyrightprotection predicament. Including the appearance and development of digital music, the problems in development and the reasons of the insufficient protection.The second part tends to introduce the generation and development of the privatecopy copyright levy system. First it analyzes the connotation of private copyrightlevy system, and then introduces the origin and development in Germany and UnitedStates. At last, the paper analyzes the advantages of the levy system.The third part is the theoretical analysis of the private copy copyright levysystem. Separately from three angles: the nature of the levy system, the legal theorybasis and the Economics of the Law are analyzed.The fourth part is to analyze and solve the conflict between the private copycopyright levy system and the current system, including licensing system and thetechnical protection measures.The fifth part is to establish the private copy copyright levy system. Combinedwith other nations’experience, the paper constructs our country’s mode and content ofthe private copy copyright levy system. And then puts forward some supportingmeasures to establish levy system.