The Research On Private Copying In The Digital Environment

Every copyright system can not be separated with the technology advancement and progress of transformation; the advent of the digital age has brought great changes in individual replication properties. Copyright law works in the tradition of fair use is a classic pattern in copying for personal use. However, because of ever advancing of modern reproduction technology, the cost of replication drastically reduced and works dramatic increase in the number, the interests of copyright owners face the unprecedented threat to the Private copying. With the advent of the digital age, Private copying issue can not be avoided to face for each country. Private copying of copyright law in the whole is a relatively minor problem, but it is the origin of copyright law and core value, so this article can be regarded as seeking to solve practical problems with some reference value, in order of offer certain favor for Copyright Legal System in China. This paper consists of four parts:The first part is overview of Private copying behavior. This section first introduced the concept of Private copying, and then reviews the development and change of personal copy in the historical development : printing copyright era of Private copying to the entire copyright system has trivial influence, also no threat to the interests of the copyright owner, therefore is reasonable; The influence of personal copy to the interests of copyright owner is gradually increasing in the electrical copyright era, and the balance will be broken, so Private copying at this time of is being questioned, countries also started making relevant response, like the emergence of Germany compensation. As technology advances, Private copying no longer belongs to reasonable use for granted in the digital age, how to determine Private copying and how to carry on the regulation right at this moment, is the problem all nations facing to solve. Whether all the private copies are reasonable use? There are two theories about the nature of the behavior of Private copying: tort theory and reasonable use theory. However, the two theories are both biased, and they deserve further investigation.The second part is about the determination to the nature of Private copying behavior, legislation and its limitation. In reviewing the international organizations on the Private copying of legislation and national efforts to understand the basis of "three-step test" and "four elements" copyright law of fair use in 1976 U.S. is the greatest impact on fair use of standard reference factor, moreover, it is the standard of Private copying determination of whether adopt fair use or not. The fair use of the "four elements" is more widely used. However, the fair use of four elements appears in the digital environment with its limitations.The third part is standard construction of the determination to the nature of Private copying behavior at the digital age. Through the above analysis, the author put forward the reality in the digital environment of Private copying behavior that the standard should be held as: first, the "benefit balance" is considered to be the basic standard to determine the nature of Private copying. Secondly, "the four fair use elements "is the basic standard to determine personal copy in the digital age. Finally,"communication "is the referential factor to determine whether Private copying legal or not.The fourth part is the review and analysis of China's copyright law and legislative suggestions. The relevant legislation shortage will be pointed out at the beginning of this part, and then personal copy legislation improvement will be proposed as well.