Research On The Balance Of Interests Mechanism Of Copyright Protection In Digital Environment

Digital technology breaks the balance of traditional copyright interest’s mechanism which brings plenty of problems about how to protect copyright in digital era. For its consequences, the interests among right holder, communicator and the public face the reality of reassign.Since the end of 1980s, America, European countries, even some international organization have been discussed how to recover the balance of interests in digital environment. For example, American parliament approved DCMA which in order to solve the problems the digital technology left in 1998 and the European Union published Green Paper on Copyright and the Challenge of Technology at the same year, then approved Directive of Computer Programs and Directive of Electronic Commerce, also the WCT and WPPT which published by the World Intellectual Property Organization. Those Acts, Directives and Treaties are all devoted to achieve the balance of interests in copyright.However, the settle of law and regulation and formation of mechanism are fall behind the development of technology. Although we spare no effects to catch the technology, this lag still hampered the continued development of information industry and digital publishing industry. This paper focused on the possibility of building the balance of interest’s mechanism of copyright protection in digital environment in China by analyzing the legislation related to the copyright of America, European Union and some international organization. And this paper can be divided into five chapters:In the first chapter, this paper discussed the basic definition, foundation and significance of interests, balance and their application in copyright field.The second chapter, by analyzing the features of digital technology, mainly focusing on the impact of digital technology to the existing copyright protection systems and exploring the imbalance in digital environment.The third chapter and the forth chapter are stating the specific rights, such as copyright right, right of communicate to the public and moral rights while the restrictions to those rights. No matter the rights or their restriction are changed in the digital environment, especially the technological protection measures adopted by the right holder.At last, by discussing the entire digital environment and combined with the peculiarity of Chinese copyright protection. This paper tried to give a natural conclusion about the establishment of balance of interest mechanism of copyright protection in digital era which can well settled the interests of right holder, communicator and the public to facilitate the development of our digital publishing industry.