Research On Private Copying Of Copyright Issues

The goal of copyright law is to give the authors copyrights for their creative work and then encourage creativity, enhance knowledge and learning, promote the scientific and cultural progress. That's to say, the goal of copyright law is to protect two kinds of interests: the authors'interest and the public one. Private copying relates to these two fundamental interests which the copyright law wants to protect, so it is the basic problem in copyright law.As the development of information technology, the traditional characterization of the private copying has been shaken. How to solve the crisis to the copyright law brought by private copying in the digital environment is now one of the important issues in copyright law.The first part of this dissertation describes the general theory of private copying. first of all, it defines the concept of private copying, then analyzes the theoretical basis of private copying from perspectives of philosophy, law and economics and balance of interests, explains the reasons why most countries take such an attitude to private copying in traditional copyright law .The second part analyzes the new features of private copying in the digital environment, then introduces the impacts on traditional qualitative of private copying caused by digital technologies. On the basis of these, the question of this paper is proposed that is how to solve the crisis of private copying caused by the development of digital technology.The third part analyzes the various solutions to private copying crisis under the condition of our country, compares the advantages and disadvantages of these solutions.The forth part re-examines the actual impact of new development of private copying, concludes that in our current level of the development of Intellectual property, to transform the fair use system, supplemented by the regulatory system of Internet service providers'responsibliltis and the adequate protection of technical measures is the most rational choice to solve the current problem of private copying in China.