The Research Of Safeguarding And Using The Copyright Under The Network Environment

The thesis discusses the safeguarding and using of copyright under the network environment from the balance of benefit, the thesis emphasizes that we should not only safeguard the owner of copyright, but also consider the development of network sufficiently, thereby promoting the development of civilization.The thesis researches the safeguarding and using of copyright under the network environment from four aspects.The thesis researches the basic categories of the safeguarding and using of copyright under the network environment. The copyright of network environment is an intellectual property under the network environment. It is a new concept of intellectual property relative to the traditional copyright. The purpose of safeguarding of copyright under the network environment is to adjust the relation of law of copyright under the fabricated environment, in order to avoid the effect to the benefit of owner of copyright because of the use of new media. The use of copyright under the network environment includes two aspects: reasonable use and permission use.Secondly, the thesis analyses the basic theory of the safeguarding and using of copyright on the network environment in China-foreign. In this part, we discuss the legislation regulation of the safeguarding and using of copyright under the network environment in China, and some typical regulation in international organization and the world. In China, there have some rules of legislation of the copyright under the network environment, which express mainly in"The Copyright of The People's Republic of China","The Rule of Software of Computer", as well as"The Protective Rule of Transmissive Right of Information on Network". In foreign country, the basic theory expresses mainly in"The Berne Convention"and relative legislation of America, Japan and the United of Europe.Thirdly, the thesis hackles the current situation and problem on the safeguarding and using of copyright under the network environment in China. The current situation refers the situation that the legislatures protect the copyright and the public utilize the copyright under the network environment. The relation of legal right is confined by the relation of economy, and change with the economy. With the development of the technique of network and the new circumstance of copyright, the legislature adds the new contents constantly considering the specialty of works of network. The things of infringing in network often occur because the network is an expanse and the difficulty of distinguishing the originating opus and the copying opus in network. The infringing in network infracts the legitimate interest gravely, which gives rise to interest conflict and dispute, we should hold back the infringing because it disturbs the order of propagate of opus in network. We confront with the following problems such as the infringing universally, the difficulty of balancing the legal right and lawful use common, and the defect of law system though we have gained a lot of development in protecting the copyright under the network environment in current China.Finally, the thesis researches the fundamental countermeasure about the safeguarding and using of copyright under the network environment. We think there have four basic avenues: to reinforce the network ethics, to stipulate the technology protection, to perfect the system of collective administration, and to adopt the comprehensive legally relief.One is to reinforce the network ethics. We must reinforce the network morality because there are many problems of network morality with the development of network. The basic avenue includes three aspects: We should reinforce netizen to restrict, educate themselves from the individual level. We should perfect the legislation and pure the network environments, build the system of network ethics, and educate the people with network ethics from the country level. We should reinforce to steer and supervise the public opinion, to improve the capability of network technique, to arrange and control the network with technique.Two is to stipulate the technology protection. The technology protection is a kind of precautionary measure, an important means to protect self-interests, a tool to carry out the policy of copyright, and it empresses the private interest right of the owner of copyright. Based on the theory of balancing the benefit, we should stipulate the technology continually. The avenue of stipulating the technology protection includes three parts: The law should stipulate clearly that the owner of copyright must announce the essential information to the public. The law should prohibit netizen from monopolizing the market, imperiling the interest of consumer, collecting the private information unreasonably with the technology protection. The law should stipulate strictly the avenues of sanction of technology protection.Third is to perfect the system of collective administration. With the development of network technology, we make much of network technology, which challenge the collective administration. Facing the challenge, we should perfect the system of collective administration further and create more space for the collective administration of copyright under the network environment. We may do the following things: to bring in expanding collective administration, to perfect the mechanism of arbitration further in external relation of collective administration of copyright.Four is to adopt the comprehensive legally relief. There is no right if there is no relief; relief is an important way to protect the right of citizen. The owner can ask for the legally relief when the transmissive right of the owner of copyright is aggrieved in order to safeguard the copyright under the network environment. The legally relief include the civil relief, the administrative relief and the criminal relief and so on.In this part, the thesis also analyzed the basic countermeasure of the copyright under the network, which mainly have the reasonable use and the permission use. The reasonable use usually is refers to allow to use although the author or the owner of copyright don't know, and needn't pay for the use (but the user must announce the title, the author and the source) under certain condition if the user use the content for individual study ,scientific research, educating activity, scholarly research, reportage, performance of official functions, religious or charitable activity and other activity for the public interest. We can perfect the system of copyright from three aspects in order to use the copyright under the network environment: we should rebuild the standard of use the copyright, adjust the pattern of legislation, and detail and broaden the range of reasonable use. The other use of copyright is permission use, which includes legal permission use, obliged permission use and silent permission use and so on.