Study On The Application Of Exhaustion Of Distribution Right In The Digital Network Environment

With the rapid development of ever-changing technology, the combination of Internet and communication technology into the digital world of the Internet age, digital network technology and changes affect every aspect of our lives, but also the traditional copyright law applicable in the digital network age presents new challenges. Application of network technology to make many types of works without the aid of paper and other tangible carrier medium, the carrier may be invisible form of electromagnetic radio waves, numbers, or codes presented. This revolutionary change, a profound impact on the interests of copyright owners and the public interest. On the one hand, the characteristics of digital works invisible carrier reduces the storage copies, replication and dissemination costs, extend the scope of the audience works to accelerate the market circulation, make the public more access to and use of the work, and promote the progress of society as a whole. On the other hand, low-cost but highly efficient and convenient storage, reproduction and dissemination patterns so that rights holders have little control over the network transfer of digital works, Reach unlimited number of copies and no geographical restrictions greatly damaged the copyright owner's personal interest. Over time, not only will be a severe blow to the enthusiasm of the creator, so that the cultural market tends to shrink die, but will hinder socio-economic development and spiritual civilization. How to effectively use in digital network technology achievements while addressing their evils, the balance of rights and interests of the public, is an important issue facing today's copyright law. International legislative level, different domestic legislation of States attitude, have a tendency, judicial practice and legal interpretation of the EU and the United States representative to China to solve such problems have a certain reference and guidance, particularly in the EU recognition issue exhaustion of the right to apply to the digital environment, which is the balance of rights and interests of the parties to establish a complete system of distribution rights exhaustion doctrine has an important role. In view of this, this article will apply the principle of exhaustion of distribution rights issues in the digital network environment preliminary studies and superficial discussion.This article consists of five parts, structured as follows:The first part, import: copyright law and technology development. Generation and the rapid development of science and technology progress and copyright law has a close relationship. From the first copyright laws "Annie Law" come out so far, copyright law protected object and capabilities as technology development and continuous expansion. Development of copyright is generally divided into three stages, namely, "printed Rights era", "electronic copyright era" and "digital rights era." We are in the digital network age, copyright work can exist independently without the aid of a tangible medium. Antiquated copyright law is facing many new challenges: Network Temporary acts of reproduction exactly how qualitative, what should be controlled by which side? Meanwhile, the digital network technology has changed the traditional distribution rights applicable exhaustion principle that the transfer of ownership of tangible carrier works or copies of the originals.Sharp increase in the number of copies of digital works, digital work has become the norm in one hand and trading, secondary trading platform for digital works are in the ascendant. Amazon, Apple have applied for a patent, due to the current academic works on digital copyright is still controversial, so the success of technology patent application does not mean that digital works secondary trading platform will immediately put into operation.The second part, the theory: the principle of exhaustion of distribution rights analysis. Exhaustion of the distribution right in essence: by limiting the power distribution rights of copyright owners to achieve a win-win balance state interests of copyright owners and the public interest. The section from two aspects to explore the theoretical basis of the principle of exhaustion of distribution rights to jurisprudence perspective, the principle of exhaustion of distribution rights theory is based on the balance of interests, but also to prevent the abuse of the rights of copyright owners; economics perspective, the principle of exhaustion of distribution rights the theory is based on financial return, and reflects the aims and objectives of their own intellectual property laws. Invisible digital carrier works whether the application of the principle of exhaustion of distribution rights from the traditional concept of the nature and purpose of the principles established, combining the characteristics of self-replicating digital works and regional characteristics that can not apply the principle of exhaustion of distribution rights, for the propagation of digital works, advocate the use of information network Transmission right to adjust. Web publishers can become a human rights issue acts, should apply the principle of exhaustion of distribution rights. If you exclude this principle in the digital network environment applicable, may lead people to strengthen their copyright works control, rational use of space squeeze others work, resulting in the public interest and the interests of copyright owners social imbalances.The third part, comparison: the principle of exhaustion of distribution rights outside the practice. International legislative level, this lack of clarity, the relevant international treaties and legislation in some countries. TRIPs agreement, "WIPO Copyright Treaty" and "the Berne Convention" provide that: allow member states to define their own "distribution rights" and freedoms provided for distribution rights exhaustion conditions. The EU and the United States of relevant legislation, judicial practice and the judge explained representative. The EU's decision to admit the case UsedSoft distribution rights may be conditional exhaustion doctrine applies in the digital environment, US ReDigi case denied the right to issue the exhaustion doctrine in the digital network environment applicable. Copyright protection has regional characteristics, the same case, since the jurisdiction of the different courts and the applicable law, may have the opposite result, this article is not an in-depth study.The fourth part, the situation: the exhaustion of distribution rights to explore new principles. The issue is a prerequisite for a precise definition of the behavior and distribution rights to discuss the issue of the exhaustion doctrine, the core feature release behavior is the "transfer of ownership of a copy of the work," the digital network environment issue not to transfer of tangible support for the element. Distinguish release behavior and information network communication behavior of these two different concepts, information network communication behavior does not transfer a copy of the work means that the behavior must have issued a copy of the transfer of work intention. Amazon and Apple-related patents in the application of such technological measures have also described certain It demonstrated in a network environment, the secondary trading platform digital works using technical measures to avoid the resale flawed theory and practical feasibility of reasonable extent. Additionally, this article discuss that issue rights in the digital network environment should eventually exhaustion, namely distribution rights exhaustion doctrine in the digital network environment suitable for having legitimacy.The fifth part, to try: the exhaustion of distribution rights principles of constructing a new system. Exhaustion of distribution rights clearly defined legal principle is the basis of establishing the system, the provisions of the principles of tangible and intangible carrier carrier works works can be applied. Finally, after the exhaustion of the limited type of legislative proposals that the digital distribution rights limited exhaustion doctrine, referring to technical measures with valid copies of digital works, the first sale to the public by permission of the copyright or other transfer of ownership, according to the main works different types of copies of copyright holders to exercise control over varying degrees, until the final exhaustion of distribution rights. The principle that special emphasis be determined separately distribution rights exhaustion doctrine applicable conditions according to the characteristics of different types of digital works, the idea of the relative balance of scientific interests and rights of the public interests of society, but also gives the principle of exhaustion of distribution rights the new era of vitality, is a digital network environment suitable for distribution rights bold attempt exhaustion principle.