Research On Private Use In Copyright Law

Private use in copyright plays a promoting people to contact and use of the information freedom,to promote the development of individual autonomy and realize own better personal value.At the same time to promote long-term spread in society and promote cultural exchanges and free social progress and prosperity has the important value of public.Copyright on the Internet and digital technology to the impact of cases,in 2014,China's "copyright law" revised draft SongShenGao(hereinafter referred to as the "SongShenGao")with paragraph 1 of article 43 is about the terms of the private,relative to the current copyright law made a larger adjustment,specific for "for personal study and research,copy of a published work pieces of others".Specific changes embody in three aspects: first,remove the "appreciate" private case;Second,will use the work way by "use" narrowed the originally only to "copy";Third,limit the number of private scope for "work pieces".Clearly,relative to the current copyright law about the provisions of the private significantly narrow the scope of works for private.For this kind of change,it is necessary to reposition and make accurate interpretation,thought our country under the network environment for private to find out a conform to the development way of Chinese characteristics.In SongShenGao greatly limited private use of the modified method can really solve the difficulties facing the private use,at the same time able to juggle the balance between the interest subjects,worthy of deep thinking,system research.Therefore,this article attempts from the provisions of the draft for private use,points out that the legal regulation and the specific applicable possible defects and problems,at the same time,through the comparative analysis of extraterritorial law for the private use of the copyright rules and applicable,for consummates our country the law relating to the private use,copyright of people and society to achieve a better balance between public interest and at the same time,provide a stimulating work environment,promote the development of society and culture.