On Restriction Of Communication Right Of Information Network

Communication right of information network is the right that copyright owner's enjoy under the Internet, it as well as the further expansion of his original rights. Appropriately, restricting the right, is an important way to alance the benefits between copyright owner's and public in network. This article is mainly introduce and research communication right of information network from the aspects of restriction of the right, to achieve systematic and standardize on the discuss of restriction of communication right of information network, and may play a guiding role on solving practical problem.This paper is divided into four chapters. The first chapter introduces the theoretical basis of communication right of information network. Although the communication right of information network is the copyright owner's rights expanding to the field of network, but it is still one of the rights of copyright, therefore, the theoretical basis of restriction of copyright are equally applicable in the communication right of information network, that is, to reach the balance of benefits between copyright owners'personal interests and the social public interests.Chapter two discusses the principle on restriction of communication right of information network. The opening nature of network and its efficient communication, make it changes more frequently. Using principle to determine the specific way of restriction, on the one hand, it may play a guiding role, on the other hand, it can also makes up the lag of law.Chapter three of this article focuses on one of the specific restriction way of communication right of information network ,that is fair use system.In fair use chapter, the differience on fair use between traditional and has been paralleled, new situation and related issues of fair use in communication right of information network has been discussed. Through introduce the determining criteria of fair use in the international conventions and U.S. copyright law, foreign judgments has been extent to our specific applicable conditions.Chapter four mainly introduce statutory license system and mplied license system. In the statutory licensing system, this paper mainly discusses the statutory license of China's , including product and transfer courseware in distance education ,for the implementation of nine-year compulsory education and national institute of educational planning;as well as a specific aiding poor statutory license. Meanwhile, this paper has elaborated the necessity of set up network statutory license system, as well as the effect and importance of copyright collective management organization in the application of Internet statutory license.Implied license system was originally a meaning representation of civil legal act, however, the characteristics of network make it feasible to apply mplied license in the communication right of information network in certain situation. Therefore, in the final of this article, the application of implied license system in the communication right of information network is briefly discussed and analysed.