The Application Of The Principle Of Exhaustion Of Distribution Right In Network Environment

In the era of traditional copyright law,when the copyright owner's distribution right continues to extend,it will be in conflict with the real right of materialized works,and the principle of exhaustion of distribution right is thus generated.The principle of exhaustion of distribution right provides a legal basis for the establishment and development of the second-hand market of traditional works.By restricting the distribution right,the copyright owner and the public interest are in a relatively balanced and stable state.The principle of exhaustion of distribution right is of great significance in the judicial practice of copyright.However,the speed of scientific and technological development is always faster than that of intellectual property law.The formation and development of digital works in the network environment have brought unprecedented challenges to the traditional copyright theory and practice.Traditional copyright works are no longer completely dependent on tangible carrier but transformed into digital works and sold through network transmission.The price of digital works is relatively low,and there is no difference between the quality of transferred digital works and the original copy,so the second-hand market potential of digital works is very great.However,due to the lack of tangible carrier,different opinions on whether to allow the resale of digital works and how to identify the resale behavior make it difficult to apply the principle of exhaustion of distribution right in the network environment.Therefore,it is necessary to make an in-depth study on the application of the exhaustion principle of distribution rights in the network environment.In addition to the introduction and conclusion,this paper is divided into four chapters:The first chapter discusses the basic theory of the exhaustion principle of distribution right,and then analyzes the ReDigi case in the United States.By analyzing the case,judging results and summarizing the dispute focus of the case,it leads to the current difficulties in the application of the exhaustion principle of distribution right in the network environment.Chapter two analyzes the application of exhaustion principle of distribution right in network environment.Respectively for digital marketing and the real sales to discriminate and decided that meet the conditions of release behavior problems,work under the network environment,"the original and copy of" problem,network distribution and the limits of information network transmission right is not clear in the dispute applicable to these four points,and will be different views brief description of the international community.This chapter is mainly to lead out the key points of argumentation in this paper and further analyze on this basis.Chapter three analyzes the rationality of the principle of exhaustion of distribution right in network environment.This chapter starts from two aspects,one is the feasibility of the application of this principle in the network environment,the other is the necessity of the application of this principle in the network environment.At the same time,this chapter analyzes the controversial points raised in the second chapter,and puts forward the author's views on this basis.The fourth chapter is on the basis of the previous discussion on the exhaustion of distribution rights in China on the principle of perfection.Firstly,starting from the legislative and judicial status quo of the exhaustion principle of distribution right in China,it is clear that the exhaustion principle of distribution right should be added into the copyright law.Then it is suggested that the principle of quasi-exhaustion of distribution rights should be allowed in the network environment.