The Dilemma And Solutions Of Copyright Law In Digital Network Environment

With a history of more than three hundred year from the late17thcentury, thedevelopment of copyright law can be attributed to the advance of technologies ofreplication and dissemination to a large degree. The digital network technology is themost powerful tool of replication and dissemination after movable-type printing. It hasbroken the balance of interests within copyright law, shocked the theoreticalpresupposition and infrastructure, and presented great challenges to the protection andrealization of copyright.The legal issues in terms of copyright caused by digital network technology havetriggered extensive discussion in the fields of law, economy, society and politics. Itbecomes a global puzzle for the copyright law to cope with the challenges brought bythe technology of digital network. This research studied the dilemma of copyright lawin the environment of digital network from three dimensions, which are configurationof copyrights, protection of copyrights and realization of copyrights, and tried toexplore the measures to cope with the challenges caused by new technologies.Besides the introduction and conclusion parts, this research includes five chapters.Chapter Two: The challenges to copyright law brought by digital networkThis chapter made analysis of the challenges to copyright law by digital networktechnology from the macro level, and made an analysis and theoretical abstraction ofthe dilemma of copyright law in the environment of digital network. Section one madea historical study of the emergence and development of copyright law, providing someclue to the exploitation of the way out of the digital dilemma. Section two analyzed thechallenges to the traditional copyright law brought by the digital network technology.Section three analyzed the mechanism of how the digital technology influencedcopyright law, and made an analysis and theoretical abstraction of the dilemma ofcopyright law from a perspective of game behavior between the right holder and theuser. This chapter serves as the starting point of the exploitation of this research.Chapter Three: Configuration of Rights: the framework of copyright law andadjustment of it This chapter studied some important issues relevant to the framework of copyrightlaw from the perspective of configuration of rights. Section one analyzed thejustification theories of copyright law and gave some opinions. Then this section madea concise analysis of the values and framework of copyright law. The next threesections studied the dilemmas of copyright law and the way out by addressing theissues of temporary copies, the first sale doctrine and the fair use doctrine, which arevery important parts of copyright framework.Chapter Four: Protection of rights (I)：The deregulation and regulation of behaviorof usersThis chapter analyzed the dilemma of the traditional mode of copyright protectionfrom the perspective of the game between the right holders and users, and explored thenew mode of copyright protection. Section one made a brief introduction of thechallenges to copyright protection. Section two reviewed the traditional mode ofcopyright protection, which is featured “lock up”. The third section addressed thenecessity, practice and effects of the “open license” protection mode. Section fourdepicted a basis structure of the integrated mode of copyright protection based on theregulation theory of Lessig. Section five made an outlook on the potential role of“open license” protection mode in the environment with cloud computing, big data and3D printing.Chapter Five: Protection of rights (II): The protection and restrictions of TPMThis chapter made a study of the protection and restrictions of TPM from theperspective of game theory in terms of right holder. Section one introduced thebackground, conception and nature of TPM. Section two analyzed the foreignlegislation and judicial practice of the TPM, and then gave some suggestions to theimprovement of Chinese copyright law. The third section studied the restrictions onTPM from the perspective of fair use and anti-unfair competition.Chapter Six: Realization of rights: The copyright market mechanism in theenvironment of digital networkThis chapter studied the copyright market mechanism in the environment of digitalnetwork. The first section analyzed the importance of the transition of the copyrightlicensing mode. Section two addressed the basic blocks of the information system for copyright licensing. The last section gave some suggestions on how to improvecopyright collective management, especially how to prevent copyright collectivesocieties from abusing the monopoly position.