Research On The Application Of Copyright Exhaustion In The Networking Environment

With the rapid development of digital technology and network communication technology,it is also changing people's consumption habits while changing the mode of transmission of works.Take e-books as an example,only the reader was needed with a small size,light weight,compatible with digital works,you can read anytime and anywhere,it is extremely convenient to carry,and do not need to make room for stacking at home,The purchase of e-books on the Internet has become the choice of more and more people.However,consumers have been buying print books for hundreds of years and reselling them at their own will,but e-books bought at the same price are now unable to resell,which is unthinkable for consumers.Under the network environment,the circulation of digital works is not attached to the tangible carrier,the copying behavior is difficult to control effectively,and the applicable space of the principle of exhaustion of copyright rights is compressed.However,with the rapid development of the second-hand market for digital works,the protection of consumers' rights and interests continues to be strengthened,and the endless emergence of various new technologies,the time has come to re-examine the principle of exhaustion of copyright rights.The issues to be examined include whether there is a need to update the current balance of interests between copyright owners and consumers in the network environment,how to reasonably identify online licensing,and whether sufficient technology is available to effectively curb piracy.Through the methods of the theoretical analysis and the case review,the first chapter of this article is the introduction,the second chapter briefly introduces the concept of rights exhaustion principle of copyright,the origin and the applicable condition,and the author analyzed that this principle has the institutional value of regulating the balance of interests between copyright owner and the public and resolving the conflict between copyright and property right starts from the basic theory.The third chapter introduces the three kinds of dilemmas faced by the principle of exhaustion of copyright rights,namely,the nature of network distribution is unknown,the erosion of network license agreement on sales,and the infringement of network resale associated copy.In the fourth chapter,the author collects and arranges the legislative progress and the main disputes faced by the United States and the European Union.The United States mainly introduces the DMCA and Article 104 reports,and the European Union focuses on the Software Directive,and compares the two.Then select the United States ReDigi case,the European Union UsedSoft case for the typical to carry on the detailed analysis.The fifth chapter discusses the necessity of applying the principle of exhaustion of copyright rights in the network environment,and responds one by one to the three dilemmas faced by the third chapter.The network distribution of digital works belongs to the traditional distribution behavior,the nature of the digital works network transaction agreement belongs to sale,and the network resale of digital works does not infringe the right of reproduction,in order to solve the dilemma of the application of the principle of exhaustion of copyright rights in the network environment perfectly.