Study On The Issues About Copyright In Electronic Commerce

This paper mainly studies the issues about the copyright in electronic commerce, drawing on the basic theories and methods concerning about the research on copyright in network, and trying to connect with the characters of trade and service. This text comprises 4 parts:The first part disserts the relationship between electronic commerce and copyright protection. When digital products are traded online, more attention about copyright protection must be paid to them. And many works protected by the copyright law are suitable for electronic commerce. At the same time, the development of electronic commerce has challenged copyright protection.The second part analyzes the subject and the object of copyright, as well as the right content related to the copyright in electronic commerce. Those who deal or serve online may become the subjects of copyright law, and the right belongs to different creators according to various creative activities. Besides, the object of copyright involves some new types, such as digital works, database, web-page, etc. The rights of rightholder mainly concentrate on right of distribution, right of communication to the pubic, and right of reproduction.The third part further discusses the disputes about copyright in electronic commerce. The disputes about digital products comprise the dissemination in network, digitization and pirate. The disputes among those who supply products and service reflect not only the action like linking and reprinting, but also the responsibility that should be undertaken due to infringement. The disputes rising from users include exploring in network and downloading.The fourth part proposes the copyright protection in electroniccommerce should realize benefit balance. It means as the following: first, developed countries and developing countries have the same right to share with both the copyright benefit and the benefit in electronic commerce; second, a new kind of profit balance must be built up among rightholders, consumers, organizations and persons dealing and serving online. The author insists on expanding the coverage of fair use and statuory license.In a word, in order to motivate the development of electronic commerce, it is necessary to protect the profit of users, organizations and persons dealing and serving online as well as rightholders.