The Legal Nature And Regulation Of Temporary Reproduction

With the rapid development of network technology,the problem of temporary reproduction becomes more and more prominent in network copyright infringement.In view of the legal nature of temporary reproduction,there is no explicit provision in the field of copyright law,which has also been debated and formed different academic views.To a great extent,temporary reproduction has affected the rights and interest of the original copyright owner to his work,so it has become a controversial legal issue.The research on the temporary reproduction of the extraterritorial began very early and formed different theoretical achievements.However,existing international conventions do not contain clear provisions on temporary reproduction,attitudes towards temporary reproduction vary widely from country to country,and legislation varies.With the popularization of computer,the problem of temporary reproduction is exposed,Chinese scholars have begun to pay more attention to the study of temporary reproduction.There is no specific provision for temporary reproduction in the current legislation,but there are a number of cases arising from temporary reproduction,and the awkward situation that judges can not rely on at trial calls on us to confront the problem of temporary reproduction.In addition to the introduction and conclusion,the thesis is divided into four chapters:The first chapter refers to three real examples of temporary reproduction,which reflect the current situation that temporary reproduction is not feasible in judicial practice.Three different judgments lead to the focus of this paper,namely,whether temporary reproduction is a production and how we should regulate temporary reproduction from the legal system.The second chapter begins with the concept,characteristics and classification of temporary reproduction,compares the concept of temporary reproduction with that of its related concepts.The third chapter focuses on whether the temporary reproduction should belong to the category of reproduction,expounding the academic viewpoint formed by scholars in our country.The list of countries and international organizations that have applied various perspectives toregulate temporary reproduction,and the summary of individual views on this issue in the light of the different approaches of States to temporary reproduction and the general provisions on temporary reproduction in international conventions;The fourth chapter discusses how to regulate temporary reproduction at the institutional level.Based on the present situation and national conditions of China's legislation,this paper puts forward some personal suggestions on how to adjust and standardize the temporary reproduction of Chinese copyright law.