The Research On Legal Issues Of The Foreign Copy

The development of science and technology has deeply affected the copyright protection.Recently, with the updates of science and technology, many cases about the foreign copy come along increasingly which is concerned to the legal profession. The foreign copy is a copy of changing the carrier and the expression of the original work, whether it belongs to duplication in copyright law, the law in our country does not give a clear definition and there has been controversy in the academic circle. So different results appear in the same case in the judicial practice, which greatly affects the justice and authority of the judiciary.Based on the social background, the paper makes a research on the related legal issues of the foreign copy. In this paper, we first discuss the basic theory of the right of reproduction,including the meaning of the right of reproduction, the constitutive elements of replication behavior and the types of replication. We further clarify the theoretical connotation of the right of reproduction by distinguishing copy and related behaviors. And then this paper analyses the meaning and classification of the foreign copy. On the basis of introducing the standard of the object of the copyright law, this paper puts forward the standard of judgment of the foreign copy. Then this paper discusses the foreign copy which belongs to duplication in copyright law from legal interpretation and copy types two aspects. This paper also discusses the foreign copy which does not belong to duplication in copyright law. At last,this paper puts forward the short-term conception to protect the foreign copy in the perspective of promulgating judicial interpretation and introducing case guidance system.Then we put forward to the long-term conception to protect the foreign copy in the perspective of legislation.