The Principle Of Exhaustion Of Distribution Rights On Internet

Before the Internet age, the issue of the copyright owners must rely on the material carrier of the work, works and material carrier carrying the work has inseparability. Buyer purchased copies of works actually contains tangible support belonging to property object and works belonging to the copyright object. In order to avoid conflict between them, assure legality publication in the secondary market and balance the interests of copyright holders and the public. Copyright Law states that the exhaustion of distribution rights principle. The principle provide that after the original or copies of works protected by the copyright law sold legally, the buyer without further permission of the copyright can be carried out subsequent disposition. However, with the development of Internet and digital technology, there has been a direct resale of digital works by the Internet. In such a resale transaction process, separation has occurred between works and the original physical carrier, Works ultimately generate new copies that stored on the recipient’s medium transmitted over the network, and there is no distinction between the new copy and the original copy.Some people view that such a resale of works constitute "Release", the traditional concept of the right of distribution can not adapt to the Internet age and shall be adjusted so that it can cover the work network issue and as applied "distribution rights exhaustion" principle. The requirements of the traditional concept of the right of distribution can not adapt to the Internet age and the dissemination of works shall be adjusted so that it can cover the work network issue and as applied "distribution rights exhaustion" principle. On the contrary, it will hinder consumers reselling legally acquired works to the detriment of their interests, and break the balance of rights-holders and the public interest. Another view is that the purpose of the exhaustion of distribution rights principle is to coordinate the conflict of rights between the copyright of Rights and the property of consumers, Internet transmission of digital works are not accompanied by the transfer of Physical carrier is also not a conflict between copyright and property rights, Therefore, it is not applicable "distribution rights exhaustion" principle. Currently in our country,Reselling digital works can apply to distribution rights exhaustion principle in dispute。There is no specific case for reference in judicial practice. The main purpose of this paper is to explore distribution rights exhaustion principle under the Internet Environment, So that this principle can continue to play the role of coordinating balance the interests of copyright holders and the public under the new technical conditions.In this paper, in addition to introduction and conclusion, it is divided into the following three parts:The first part introduces the origin of exhaustion of distribution rights principle, applicable conditions and their status in our country’s legislative and judicial. Then a comprehensive summary of the views which advocated the exhaustion of distribution rights are extended to the Internet environment,and pointing out its unreasonable.The second part put forward the author’s own views,In order to demonstrate the reasonableness of its views, discussed from three aspects, exhaustion of distribution rights principles of legislative intent,value Target and effects of digital works for resale on Internet environment. Accordingly get the conclusion that Internet environment shall be allowed to the principle of exhaustion with distribution rights.The third part introduces that The use of "exhaustion of distribution rights" principle in a network environment is feasible,this part mainly discuss the feasibility from the technical and legal application,Meanwhile put forward some suggestions.