Research On The Boundary Of Copyright Protection In The Network Environment

The development of network technology has profoundly changed the mode of creation and dissemination of works,and has launched a strong impact on the traditional copyright system.The network environment not only stimulates the creation enthusiasm of the public as the main body of creation,but also brings “Cultural Carnival” to the public,and intensifies the imbalance of interests between the copyright owner and the public.On the one hand,in the face of the changes in the way of work communication in the network environment,the author demands a higher level and a more comprehensive protection of copyright;on the other hand,the cultural needs of the public for knowledge and information put forward higher requirements for the timely and wide spread of work communication,and the Interest needs between them presents a situation of tug of war in the network environment.Although China's copyright law have made targeted legislation according to the characteristics of network communication,they have not fundamentally alleviated the conflict of interest between the copyright owner and the public,and have expanded the author's copyright in a disguised way.In addition,the lag of legislation can not fully solve the copyright problem caused by the use of new works caused by technological development.In order to solve the conflict of interest between the copyright owner and the public in the network environment,and to effectively play the role of copyright systemin safeguarding the legitimate rights and interests of authors and the cultural rights of the public,we must establish a clear boundary of copyright protection,which depends on Public Domain in the copyright law.Analyzing the significance and value of Public Domain for the copyright system from the theoretical and institutional level is conducive to using Public Domain as a powerful weapon to curb the expansion of copyright in the network environment,eliminating the dilemma that copyright cannot effectively cope with the use of new works caused by the lag of legislation,better safeguarding the cultural rights of the public,and promoting social development and cultural prosperity.This paper is divided into four chapters.The first chapter discusses the origin and development of Public Domain,and clarifies the connotation of Public Domain--the relationship between Public Domain and Copyright is that the part of works not protected by Copyright falls into the category of Public Domain.There is an internal relationship between Public Domain and Copyright--Public Domain is the premise and foundation of Copyright,and also the ultimate purpose and destination of Copyright.The research of this chapter provides a theoretical basis for delimiting the boundary of copyright protection in the network environment from the perspective of Public Domain.The second chapter analyzes the impact of the development of network technology on the “Creator — Disseminator — User” in the traditional work communication mode,and clarifies the particularity of the copyright system in the network environment.Secondly,it expounds the performance,defects and practical problems of the copyright protection system boundary in the current network environment in our country,and demonstrates the necessity of delimiting the network copyright protection boundary from the perspective of Public Domain.The third chapter analyzes the causes of the ambiguity of copyright protection boundary in the network environment from the perspective of Public Domain reservation,including the theoretical Public Domain is not valued in the network environment and the institutional Public Domain is not perfect in the network environment.Through in-depth discussion onthe imperfection of Originality and the Idea-Expression Dichotomy of works,Fair Use,and Statutory License,from the perspective of Public Domain reservation,this paper lays a foundation for the following construction of the copyright protection boundary in the network environment that meets the actual needs of ChinaIn the fourth chapter,from the perspective of preserving Public Domain,the author puts forward the idea of delimiting the boundary of copyright protection in the network environment of our country.On the premise of adhering to the theory of interest balance,China should introduce the public domain from the system level,improve the original definition standard and the dichotomy principle of thought expression,improve Fair Use and Legal License system,and add the reasonable restriction system of technical measures and the implied licensing system of works,so as to ensure the prosperity of the public domain more effectively.In the conclusion part,the author expounds the different needs of creators,communicators and users in the network environment from the characteristics of creation and communication of works in the network environment again,reiterates that the existing copyright system does not meet the practical needs of creation and communication of works in the network environment,and proposes to improve the protection boundary of copyright in the network environment in China from the perspective of public domain reservation It is suggested to build a clearer copyright protection boundary,better balance the interests between the author and the public,and realize the system purpose of promoting the prosperity of socialist science and culture.