Research On Legal Issues Of Information Network Transmission Right

Communication to the public in various countries is accompanied by the development of a new type of network technology, the copyright interest. In our country are defined by wired or wireless means to provide the public works, so that the public may, in its time and place individually chosen to obtain the right to work. Information Network Transmission Right and the difference between the traditional right of communication lies in its interactive communication behavior of the composite and the public nature of the legal characteristics.In China, the right to network dissemination of information of use is more prevalent alternative to an international right of communication to the public, but the right to network dissemination of information and communication to the public on the legal implications are not consistent, the right of the lack of inclusiveness in our country and systematic. Mental aspects of relevant legislation is not perfect, it did not take a technology-neutral approach.Information Network Transmission Right of the main body is not enough clear and often confusing overlap with other subjects of rights. Information Network Transmission Right is still the object of originality and reliability with the works, and its wide range of objects, including digitized through the general object, including the spread of digital technology on the variety of new objects, databases, oral works, works of electronic bulletin boards, and so the controversy still did not stop. Information Network Transmission Right covers the rights and property of spiritual rights, and both the characteristics of copyright and neighboring rights. The right to information rights management is a relatively new type of power, can be regarded as an extension of the traditional authorship, authorship generally applicable and relevant requirements.With the information about network transmission right violations, violations compared with the general right to network dissemination of information are hidden strong tort, diversify, and other characteristics of immeasurable loss. For the depth of connections, non-interactive communication and other behaviors are not clear legal provisions, resulting in no legal basis for judicial practice. This article discusses the reference to German law, to fill the lack of relevant laws. With the development of the intellectual property system, the rational use of the system have emerged, because of its flexibility, difficult to control, from practice to theory of judicial debate over the world are. However, information technology and network technology is still inevitable to take advantage of this system. Dissemination of research information networks as an important aspect of the right to reasonable use of the system with other legal systems, the evolution of a general law the general rule.U.S. judge in the British case law is fragmented system of rational use of combs, the initial formation of the three elements of fair use today is, First, the use of the work of the nature and purpose; Second, the reference number and value of the work; there are three references to the original commercial influence. This is the first time in history the principle of the system on rational use of the expression. But the rational use of the system by the market system, the copyright owner, the impact of technology, resulting in the abolition struggle. The author from the law, philosophy, economics, and so the angle of the system demonstrates the value of existence.