Research On Copyright Restrictions System In Network Environment

The network has gradually made the world form an organic whole and people have been increasingly accustomed toutilizing the network to obtain their needed information along with the extensive application of digital information technology.However,this causes a new problem.The traditional copyright law was not adapted to the copyright protection under the network environment,and the new revised law on the copyright protection strengthens the copyright owner rights,while weakens the public use for others works to a certain extent.In this case,the original balance between the personal interests of copyright owners and the public interests has been broken,leaning to the copyright owners and causing prominent imbalance.Therefore,how to reconstruct the interest balance between copyright owners and the public is the first issue.The purpose of the copyright law is to protect exclusive rights of copyright owners for their works and these rights can not be any violated maliciously,otherwise bearing the corresponding legal consequences.Meanwhile,the copyright law protection on copyright owners is not absolute,but has restrictions.Actually any works with copyright must be promoted in a specific form after creation,generally,the wider-scope transmission can bring greater influences,which can better reflect the value and significance of works.Therefore,the key for works to realizing the future value is that the public can obtain them by some means,making the copyright protection have restrictions.Of course,copyright restrictionsshould be moderate,which not only should protect the public interests,but the personal interests of copyright owners.Otherwise it would seriously blow the enthusiasm and unfavorable for creating new works.So it is necessary to adjust and perfect the current copyright restrictions system,balance the personal interests of copyright owners and the public interests and further promote the sustained and healthy development of China's science and culture undertakings.This paper studies interests game between the personal interests of copyright owners and the public interests under the network environment from the perspective of interest balance theory,takes the interest balance theory as the basic spirit of the copyright system design and reconstructs thecopyright restrictions systemunder the network environment to balance the interests of the creators,transmitters and users and realize the balance.However,the works transmission under the network environment is distinct from that under the traditional environment,and mainly reflecting in the transmission way,the works expression form and the works using way.Therefore,the works transmission has undergone many fundamental changes under the network environment compared with that under the traditional environment,which are mainly related to the extensive application of digital information technology and represented massive network works.How to reconstruct the copyright interest balance mechanism under the network environment,recover the original balance between the person interests of copyright owners and the public interests and further improve the copyright restrictions system are the key and difficult points of the paper.This paper is divided into the followingsix parts:The first part is introduction and mainly includes: the proposed research topic and research significance;literature review about researches on thecopyright restrictions systemunder the network environment at home and abroad;the main research contents and methods;research innovation and shortcomings.The second part is about interest balancetheory and copyright restrictions and mainly includes: the concept,basic principle and value of the interestbalance theory;the balance of interests theory of copyright;the balance of interests theory in copyright restriction system design.The third part is about the copyright restrictions system.This part mainly discusses two basic forms of copyright restrictions,the system of fair use and the system of statutory license;then introduces the specific system design of two forms in China's "Copyright Law" and "Regulations for the Protection of Information Network Transmission Right" and discusses the application of these system designs under the current network environment.The fourth part is the dilemma of copyright restrictions under the network environment.This part mainly points out some difficulties of the system of fair use and the system ofstatutory license in solving the real copyright restrictions under the network environment,points out some problems of the two copyright restrictions systems under the network environment by the deep analysis to emphasize the necessity and urgency to solve such problems.The fifth part is the reconstruction of copyright restrictions system under the network environment.This part puts forward specific strategies and measures to realize the reconstruction of the copyright right restriction system in China under the network environment by adopting the basic principle of interest balance theory and according to the predicament of copyright restriction system under current network environment.Specifically,it aims to reconstruct the system of fair use and the system of statutory license under the current network environment and give the corresponding methods and suggestions.The sixth part is conclusion.This part mainly summarizes and concludes the above research,and points out the original copyright restrictions system no longer meets our the economic and social development requirements under the current network environment.So it is very necessary to reconstruct under the guidance of the interest balance theory,so as to coordinate the personal interests of copyright owners and the social public interests,reconcile the balance between the two and promote the prosperity and progress of the scientific and cultural undertakings in our country.