Research On The Legislation Of Private Copy

The third amendment of Copyright Law is officially launched by National Copyright Administration of China on 13 July 2011, which is solicited the suggestions of the general public and the experts and scholars. The revision of the copyright law is in order to adapt to the need of era development and the progress of science and technology needs. To amend and perfect the legislation of copyright in the digital age of private copying is to balance the rights of individual interests and social public interests as a whole, and to achieve the rational allocation of the interests of all parties, which reached a ―win-win‖ situation.This paper starts from the concept and characteristics of private copying, and analyzes the private copying manifestations in different periods, which is printing technology, simulation technology era and the digital technology era, both have their own characteristics. The theoretical basis of the legislation of private copying are quite complete, in order to protect the public equal access to information, and maintenance of the balance of social interests effectively, and promote the development of the culture industry theory, our country need to private copying legislation.A new ―copyright, designs and Patents Act‖ is announced by Britain, which revised the relevant content of the copyright, and also some revision and improvement of the ordinance in private copy is carried out. It makes the object of private copying clearly, defines the private copying behavior, points out the private copying behavior which is permitted or prohibited. It introduces the relief measures on the infringement of right of private copy, such of these measures are very detailed, but under the pressure of domestic situation and the Music Association, the private copy regulations was abolished in July 2015,and the private copy regulation in British Copyright Law just lasted more than a year, was finally repealed.The process of making and amending the law is difficult, which need to constantly think about the actual needs. Therefore our country has to draw lessons from the British practice experience of law, refers to all relevant provisions of national private copying, and starts from the specific situation, considers the refinement of private copying system. It is defined as the rational use of private copying behavior, then thinning the scope of "private", defining the purpose of private copying. At the same time, control the number of private copy, revise the private copy of the legislative contents. To adapt to the new technology Development, maximizing the balance between the interests of copyright owners and users, and fitting the original intention of the copyright law.