A Study Of Access Right In Digital Environment

With the rapid development of digital technology,The way people get information is also becoming more diverse,The Cost of access is more cheap and effective than printing under the mode of transmission,The way to obtain works is also quite different from before,Bookstore purchase,library borrowing is no longer the preferred way to become,More of the situation is through the Internet and other digital technology to obtain works,However,the development of digital technology which bring the way to obtain the reform of the traditional copyright law system has brought no small impact,and it also threaten the soil of law of copyright,In this context,In order to be able to integrate the development of digital technology and the protection of copyright legal system,I reflect the lack of copyright legal system,I know that copyright carrier as the core of the protection of The traditional copyright law system Can not be relieved in the digital age,This paper puts forward the protection mode of controlling the contact behavior with the access right as the core,Constructing a response model with legal control and technical control,Hoping to better protect the copyright under the digital age.This paper is divided into six chapters,the following are to be introduced separately.The first chapter is the introduction?In this part,the author shows the origin of the topic,and the status quo of the study of the access right,the current controversy,and the author of this problem research innovation?The second chapter analyzes the shortcomings of traditional copyright protection in digital environment,In this part,through the development of copyright system history,and the current copyright legal system,the main nature of the analysis,The author puts forward that the traditional copyright legal system is the theoretical framework of "copy right" as the core,and takes the "author-communicator-public" path as the means of the carrier control mode to reach between the copyright owner and the communicator,and the copyright owner and the public Balance of interests,Then,the author analyzes the traditional copyright legal system in the digital age,that is,the way of technical protection measures as the main means,including the positioning of technical protection measures and the technical abuse of the right people,in order to show that the technical protection measures in the digital age Under the protection of technological innovation brought about by the reduction of costs under the protection of ineffective "double lose" pattern,that is,for the public and the right person,the two sides can not get the expected benefits,but also hindered the spread of knowledge.The third chapter is the basic nature of the access right in this part,through the above technical protection measures to lead the access right,"that the contact type of technical protection measures and exposure to each other,the author also put forward The Internal Logic of "Right of Contact" and "right of Access",For the subsequent writing of the bedding.The fourth chapter is the focus of this article,mainly on the feasibility of the access right the analysis,mainly for the following reasons,the first,access right can clarify the technical protection measures of legal status and scope of use,to avoid technical protection measures in copyright law The problem of non-integration in the system also indicates that the scope of exposure is the range of exposure-based technical protection measures and avoids the abuse of contact-type technical protection measures.Secondly,the author mainly uses the method of legal economics and commodity circulation to analyze the exercise of access right.It shows that under the network digital age,access right should be the important right to protect the copyright owner,and finally put forward access right A new concept of copyright protection,that is,through the protection of technical means to protect the copyright of a new concept.The fifth chapter is to construct the corresponding right of contact right system,including clarifying the basic nature of access right,including the basic three elements,namely,subject,object and content,and put forward the right of public interest of "works acquisition right".I believe that the contact right model is a new model,that is,a new model of technology control.The sixth Chapter is the conclusion.