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The Research on Private Copying in the Digital Environment

Author: LiShuQiong
Tutor: ZhangGeng
School: Southwest University of Political Science
Course: Legal
Keywords: Digital environment Private copying Rational use of Copyright compensation
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 91
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Abstract

Copyright system every progress and change can not be separated with the advances in technology and the advent of the digital age has brought huge change for private copying attributes. For private use and copy the work in the traditional copyright law is reasonable to use the classic mode of the system. However, because of the sharp decrease of the modern replication technology advances, the cost of reproduction and use sharp increase of the number of works, the interests of the copyright owner faces the private copying it brings unprecedented threat. With the advent of the digital era, the private copying problem is that each country can not avoid the problem. Acts of private copying in the copyright law, although is a relatively minor problem, but the reach of copyright law and the core values ??of origin This article can be regarded as small see big, some reference to solve real-world problems, hope certain perfection of China's Copyright Law. This paper consists of four parts: The first part is an overview of the private copying behavior. This section first introduced the concept of private copying, followed by a review of the development and changes of the historical development of the river of private copying: the printed Copyright age private copy of the entire copyright system is negligible, there is no threat to the interests of copyright holders, so is reasonable; private copy of the era of electronic copyright interests of copyright holders impact increases gradually began to tilt the scales, the private copy began to be questioned, countries have begun to make related reactions, such as the emergence of the German compensation; As technology advances, the private copying into the digital age is no longer a matter of course is a fair use, private copying how qualitative at this time, and how to regulate it, the country should be facing a forced to solve the problem. Whether private copying is a reasonable use of it? Identified the nature of the acts of private copying two doctrines: infringing on the rational use of theory. But the two doctrines are biased, worthy of further investigation. The second part of the legislative judgment about the nature of the acts of private copying and limitations. Learned on the basis of a review of legislation and national efforts of the international organizations on the issue of private copying and 1976 United States Copyright Act under the rational use of the \determine private copying whether reasonable use guidelines. Which the rational use of the \However, the rational use of the four elements in the digital environment, there are some limitations. The third part is the nature of the institutions of the acts of private copying in the digital environment standard building. Through the above analysis, the author combines reality, the identified acts of private copying in the digital environment standards should be held: First of all, the basic norms of the \Secondly, the four elements of \Finally, the \The fourth part is the re-analysis and legislative proposals on China's Copyright Law. First of all pointed out that the lack of relevant legislation, and proposed legislative improvements for private copying.

The Research on Private Copying in the Digital Environment

Abstract

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