The Use Of Work Under The Network Environment And Legal Protection

With the development of the use of works in digital technology and the technology of information highway under the network environment,, it has taken place profound changes and this kind is unprecedented. With this profound changes took place, the copyright of the expansion also reached a limit, especially after the technology protection measures under the legal protection. How do we achieve balanced goals of works in law under the network environment? It become a concern of many scholars. This paper carries on the historical review from the perspective of the interaction between the use way of works and legal protection, it also analyzes of the use way of works under the network environment change and the corresponding works of the change of the legal protection system. Besides, it analyzes the cause of the legal protection of the imbalance. The view how to balance the legal protection of works under the network environment are put forward.The first part of this paper reviews on historical changes and development of the use way of works, it discusses the relationship between the use way of works and the technology development. From the historical development of the use way of works, it can be seen that the development and changes in the degree of freedom is on the rise.In this paper, the second part discusses the relationship of the use way of works and legal protection of works.First of all, it discusses the copyright based on the use way of works as the representation for the copyright holder of the construction of power system from the static level, and through the legal restrictions on their copyright power by law that focus on people how to use the adjustment of the work to achieve the goal including series of the legal protection. Secondly, it discusses the works of the change of the mode of using power caused by copyright works and the changes of laws related to how to achieve the goal of legal protection from the dynamic levelThe third part discusses the imbalance of legal protection of works under the network environment. On the background of changes of the use way of works under the network environment, information network transmission right to legal protection was established by the technical protection measures. The new legislation has influence on the legal adjustment mechanism, even especially on the legislation of technical protection measures. It analyzes how to imbalance of two balance tools on the legal protection of works under the network environment.The fourth part discusses how to achieve balance on the legal protection of works under the network environment in the new era background. First of all, the technology protection measures shall be restricted. Secondly,fair use system shall be improved. Finally, legal license system shall be improved.