Application Of Exhaustion Of Rights In The Copyright Field In The Internet Environment

In the traditional environment,exhaustion of rights as an important principle that restricts copyright owners' right to control the dissemination of works,balances the interests between copyright owners and the public.The emergence of digital technology and network technology has changed the way of existence and dissemination of works.Copyright owners use proprietary rights and private rules to control the spread of works in the network.Internet users only enjoy reading and appreciation of their legally acquired digital works.The right,the conflict of interest between the copyright owner and the public has gradually emerged.The proliferation of online infringement cannot be the reason for copyright owners to hinder the dissemination of works.At the same time,the public's property rights to digital works should be respected.In the Internet age,the balance of copyright interests needs to be rebalanced.This thesis is divided into five parts:The first part discusses the impact of the Internet environment on the dissemination of works.In the Internet environment,the new mode of network communication is consistent with the purpose of traditional issuance behavior,that is,the dissemination of works,but there are essential differences in the mode of communication,and the exclusive rights granted by copyright countries to control the dissemination of works are changed.The second part begins with the principle of exhaustion of traditional rights and elaborates its production and applicable conditions.It was subsequently pointed out that the restrictions on the dissemination of information networks were justified,but their own characteristics challenged the principle of exhaustion of traditional rights.First of all,the problem of tangible material carriers,works in the Internet environment can be spread without the need for carriers,but the establishment of the traditional principle of exhaustion of rights is based entirely on the carrier of tangible substances.Second,the issue of transferring ownership,the transfer of digital works in the Internet environment does not have the so-called transfer of ownership.Thirdly,the forwarding of digital works involves the nature of copying behaviors.Information network communication behaviors include copying,and copying behavior should not be evaluated separately.Finally,the nature of online transactions is based on the nature of the digital work network transmission,which is determined to be licensed.The third part combs the views of the extraterritorial perspective on the principle of exhaustion of rights in the Internet environment.The international treaty does not express an attitude towards the issue and is left to the discretion of each country.The United States and the European Union have adopted a refereeing of relevant cases in their respective territories,which has formed a trend from boycott to gradual easing.The fourth part demonstrates from the three perspectives of law,economy and society that the principle of exhaustion of rights applies to the Internet environment has its legitimacy.First of all,from the perspective of legal theory,prohibiting abuse of rights,resolving conflicts of rights,and balancing interests are the theoretical support for applying the principle of exhaustion of rights to the Internet environment,and believe that the copying behavior involved in forwarding digital works by network users is the basis of information dissemination.It should not be removed for separate evaluation.Secondly,from the perspective of the economic interests of copyright owners,the cost of copyrighted works of copyright owners has decreased in the Internet environment,and allowing network users to forward digital works has helped to increase the visibility of rights holders and expand their range of income.Finally,from the perspective of social public interest,it is demonstrated from the aspects of developing new business models,preventing the monopoly of digital works prices,and maintaining the interests of network users.The fifth part integrates the existing methods of applying the principle of exhaustion of rights in the theoretical community to the specific environment of the Internet,and tries to explore new modes of application.