Research On Private Use Rules Of Copyright In The Network Environment

2020 is not only the year of building a well-off society in an all-round way,but also the year of the "13th Five-Year Plan" and the "National Intellectual Property Strategy Outline".Every new technology revolution will inevitably bring huge progress to the economy.China's intellectual property cause While ushering in more opportunities,it will also bring about many changes and challenges to the relevant laws.With the advent of the digital technology era,massive information can be copied,distributed,and distributed simply,quickly,and at low cost.The network brings great convenience to people,but also brings certain hidden dangers to the rights and interests of copyright owners.Infringement and reasonable use The boundary between the two has become increasingly blurred,the network environment has broken the balance of interests between copyright owners and users,and the Internet has become a battlefield where there is no smoke in copyright.In our country,the individual copyright usage rules are stipulated under the fair use system of Article 22 of the current Copyright Law.Compared with other sections in the Copyright Law,the individual copyright usage rules are slightly low-key.Under traditional technical conditions,for Users of physical books,CDs,and other similar works rarely make copyright owners feel like competitors who threaten their own interests.The copying forms used by individuals in the past have little effect on the work itself.However,the emergence of digital technology has subtly changed all this.With the emergence of the characteristics of network transmission such as the digitization of works,the shortcut of reproduction,and the convenience of communication,the way of dissemination of works has gradually shifted from the reproduction of reproductions to the transmission of information.When downloading songs,sharing files,reprinting Internet articles and other private use,the phenomenon of "infringement" on the Internet has become more and more common.From the perspective of legislative status,China's current "Copyright Law" has not made a clear judgment and elaboration on the boundaries of individual use rules of copyright.In addition,the lagging legislative model and the lack of provisions in the "Protection Regulations on the Protection of the Right to Disseminate Information Networks" have made the original law Regulations are becoming increasingly difficult to respond to changes in private use rules in the online environment.From the practical situation,the emergence of new technologies makes the form of individual use of copyrights no longer as typical as under traditional technical conditions.The generation and development of P2 P technology,temporary copying and technical protection measures have gradually made users lose their meaning in the network environment.Autonomy,the interests of copyright owners and the interests of the public are gradually unbalanced,and the scope of individual copyright use rules and the entire fair use system has been further reduced.In order to further improve the relevant provisions of our country's copyright private use rules,the summary of relevant foreign experience seems very meaningful.Among them,Germany 's semi-closed legislative approach to the fair use system and copyright compensation system,the American Factionalist Legislative model,and Japan 's technical neutrality revision principles all have certain reference significance for the legislative improvement of China 's copyright private use rules in the network environment..In terms of legislation,we should use Japan's semi-open legislative model to properly adjust the rule-based legislative model of China's fair use system,clarify the legal norms of individual copyright usage rules,and further determine the boundaries of individual copyright usage.In practice,a voluntary collective licensing mechanism can be introduced to solve the problem of squeezing the space for copyright private use rules brought by P2 P technology.Through this cooperative coordination mechanism,the private use problems of copyright caused by P2 P in the network environment are unbalanced by the interests of exclusion.The dilemma is transformed into a mutually beneficial and win-win situation.At the same time,temporary copying is included in the scope of copying rights to be subject to legal regulations,which can better protect the legitimate rights and interests of copyright holders,and can also adapt to the world while restoring the existence of copyright private use rules Trends,better balance the interests of copyright owners and the public.