Research On The Mechanism Of Balance Of Interests In Copyright Law Under The Internet Circumstances

The emergence of Internet causes Copyright Law to face a situation of challenge and chance. The challenge is as follows: Copyright Law is hurry-scurry since hit by the Internet, and some designs of its system face the conflict of the practice. Meanwhile, Copyright Law gives birth to possibilities of evolution going with the development of Internet. This is the chance of the development of Copyright Law. Therefore, Copyright Law will be liver and more charming.This article probes into the reconstruction of the mechanism of balance of interests in Copyright Law under the Internet circumstances, going with the clue of the idea of balance of interests. After analyzing the reconstruction of some new contents of copyright and the public interests of"fair use", we expect that the new contents of copyright and the public interests of"fair use"will achieve the objective of scientific and fair restriction, balance and mutual promotion with the norm of balance of interests.Exclude the preface and the conclusion, this article consists of four chapters which are as follows:Chapter 1 expounds the basic theory of balance of interests, then the basic theory of balance of interests in Copyright Law (especially under the Internet circumstances). It constructs the principle and the framework of this article, and paves the way for the following text.Chapter 2: As the embranchment and the focus of the mechanism of balance of interests, the new contents of copyright extend sharply under the Internet circumstances. With the norm of balance of interests, this chapter analyzes concretely the designs of the new contents of copyright system, then probes into the relation between the extent of extending and shrinking of the new contents of copyright and the realization of balance of interests.Chapter 3: As the other aspect of the mechanism of balance of interests in Copyright Law, the"fair use"system faces a lot of blame and transformation. With the guiding of the idea of balance of interests, this chapter treats""fair use""as a kind of public interest to restrict copyright, and then reforms the system of"fair use"to balance with the new contents of copyright on a higher level under the Internet...