On The Expansion Of Copyright And Its Rationality Return

As the rapid development of the economic globalization, the knowledge products flow in the world through international trade and the globalization of intellectual property rights has gradually formed. The main content and important achievement of the globalization of intellectual property rights are the integration of the legislation of intellectual property rights, which shows that the international convention has replaced the domestic value assessment and has become the dominant mode of the legislation of intellectual property rights, and the international protection of intellectual property rights has stepped into a new era. Under this background, looking back the vicissitude of copyright system, from the birth of the first modern copyright law to today, the copyright has experienced an expansion course which has a bias to the oblige, and this expansion has broke the intrinsic interests balance of the copyright system, and also hurt the maintenance of the copyright system and its legitimacy of evidence. In exploring the causes of the copyright expansion, we found that the technological development is not determinants of the copyright expansion, and the thrust of the private interests group to the copyright expansion is crucial. New liberalism economics provides a theoretical support for the copyright expansion, and it treats the works as the general goods, which should be completely belonged to the market, and ultimately obey the efficiency of the market allocation. The proposition is the theory of the leading economy, and it has an understanding deviation for the property of the works and the value system of the copyright, which is just the theoretical source of the copyright expansion. The works essentially have the public property, but the copyright is not a natural right, and there is a huge difference between the copyright and the ownership, so we should make a proper arrangement on the system construction of copyright. In the face of this indisputable fact of the copyright expansion and the sufficient reason of inhibiting the expansion, the author thinks that the copyright expansion should return to the balance of interest which conforms to the value of the copyright system. First of all, on the epistemology of copyright, it should realize the transformation from the natural right to the utilitarianism, and this transformation can not only avoid the offense of the words tools such as natural rights and human rights, but also provide the justification for the moral restrictions of the copyright expansion. Secondly, about the moral construction of the copyright system, it should defend against the public domain and withstand the copyright expansion, and make a law evaluation for the copyright expansion by learning from the principle of proportion, however, sometimes, the interests balance in copyright law is undefined, and at that time, it needs to realize the formal reason in the form of democratic dialogue process. Finally, based on the consideration of the revise of the copyright system, it puts forwards several points of inhibiting the copyright expansion from the perspective of protection period, the content of rights, basic rights and the limitation of rights.