The Reconstruction Of The Property Rights Of Copyright

Copyright law originated from the Gutenberg’s movable type printing, thus establishes the basic status of the right of reproduction. The emergence of xerographic technology has hit the basic status of the right of reproduction, but it was not a fundamental threat. The development of digital technology and network makes the basic position of the reproduction right crumbling, The right of reproduction once effective prediction role in estimate infringement while facing the digital network environment become meaningless. The control of reproduction may also affect the normal reading and using the work. Technology development has enriched the types of work and mode of transmission, copyright took advantage of this opportunity to expand it`s content, but this approach has brought the chaos of copyright system. Reconstruction of the property rights of copyright is not a new topic, many scholars had put forward many valuable suggestions, but the system conversion cost is too high so that the current copyright law did not make response to a fundamentally reshape, but constantly take patchy way to deal with the technology challenge. However, reconstruction of the property rights of copyright still has a great temptation, this is also the goal of this paper.This thesis is divided into four parts:The first part is the analysis the right of the reproduction in facing with the digital network environment dilemma and rationality of derivative rights in copyright law. The first come with disputes on the definition of "temporary" within “temporary copy”; The second is the digital network technology enables the public to access an unprecedented works, force the public to rely on search engines, but the search engine technology is based on copy, although the copyright law gives the copyright holder the right to control copying, but most of the copyright holder has chosen to ignore the copying that in favor of them. Furthermore, the court generally will take "fair use" or "technology neutrality" as reasons for the search engine technology to the duplication of works excluded from the control of the right of reproduction, this creates a embarrass situation for the right of reproduction; The right of reproduction becomes the basic rights of copyright law due to a historical reason, according to the "no communication, there is no right", The rationality of right of reproduction and derivative rights in property rights of copyright is in doubt.The second part is the discussion of the property rights of copyright`s overlapping problems. When the right of reproduction logically expansion to the digital network environment, The right of distribution and the right of communication through information network inevitably become superposition, because the right of distribution and the right of communication through information network both generally provide the copies of works to the public; The right of performance expanded "live performance" to "mechanical performances" not only violates common sense of public life, and, the definition of mechanical perform anceal so cause fuzzy between right to show, right of broadcast, right of communication through information network; In addition, the right of reproduction and the right of adaptation respectively with the right to produce movies and the right of compilation also exist heavy alloy; Taking approach of communication method and technology to set the rights has led the property rights of copyright cannot be applied uniformly to all works on the problem.The third part is to introduce the domestic and foreign scholars’ various suggestions for reconstruction the property rights of copyright faced with dilemma. The abolition of the right of reproduction on the views of scholars tit for tat, there also has the expansion and restriction of two viewpoints on derivative rights, for problems involving the overlapping of rights of dissemination works, scholars relates to the dissemination of works from the integration of rights put forward many suggestions.The fourth part is the writer`s opinions on reconstruction the property rights of copyright. In considering all views of the reconstruction of the property rights of copyright, the writer propose to abolish the basic Status of the right of the reproduction in the property rights of copyright, in order to spread as the breakthrough point, the writer propose a integration of the dissemination of works of the rights related to as a "right of communication to the public", and exclude the derivative of rights from the property rights of copyright. Of course, every scholar`s usage of "right of communication to the public" is not consistent;Relatively, the writer’s definition of the "right of communication to the public" is the most broad one; This part also discusses the affection of construction of the "right of communication to the public" on the adjacent rights and the "fair use" system.