The Study Of Private Copy In The Network Environment From The Perspective Of The Evaluation Of The Terms In The Copyright Law Revised

Private copying in copyright system is a historical issue,it changes with the development of replica technique and the notion of people,its content and nature is varying in the era.Digital technology makes progress that the opportunities and possibilities of copy,enjoy and create works increase at any time any place.The development of the Internet occurs connection in the virtual space,makes information share and interact become more freedom and convenient.The popularity of digital technology in the network environment let the problem of private copying once again pay attention by the theory and practice scholars.Sporadic number of copies may not be serious,but in the network environment can promote the accumulation of huge amounts of private copying,may result to copyright infringement.Facing the challenges and changes brought by the new environment,our legislature has started the revision of the copyright law at the third times,revised and adjusted the terms of the private copy.In this paper,analyze the relevant provisions of private copy from the third copyright law revised draft and research how to improve the construction of legal system under the network environment.There are four chapters in the paper.The first chapter is the overview of private copy.By the aspects of definition,character in legal of private copying make the initial analysis.Because it's hard to give a certain definition to private copying,it entirely belongs to fair use in the past,and become complicated and difficult to distinguish in the current network environment.The second chapter is the historical process of private copying and the predicament of the current situation.Firstly,using the method of historical research that technology development impact on the problem of private copying,the development of copyright right limit theory,and private copying legislation development of our country.Secondly,analyzes the particularity of the private copy problem in current situation,and finds that there is a lag in the legal regulation of private copying in our country.Then conclude mainly exists difficulties to solve the current problem of private copying.The third chapter analyzes the international regulation of private copying with comparative law method.It's the main legal provisions and institutional methods about the solution to the private copying problem in Europe and the United States.The fourth chapter discusses China's regulation and improvement of private copying,combining with the current situation of the third revision of the copyright law,and the legal regulation of private copying foreign reference.To give suggestions about the solution system selected and put forward opinions and thoughts of perfecting on private copy problem.