Research On The Legal Problem Of The Right To Reproduce Under The Digital Environment

In the early copyright law and the traditional theory of copyright, the copyright and the duplication live in peace with each other. The copyright can not only balance the benefit between the author, the disseminator, and the user, but also promote the production and the dissemination of knowledge. But with the widespread application of digital technique and the popularization of Intel, the new duplication and dissemination technology appear, duplication is no longer locked in professional technology and high cost and exceptionally fast and convenient. Plenty of works can duplicate at will, in practice, the copyright does little to restrain duplication under the digital environment, which bring especially the intense impact on the most basic, the most core right----duplication power, leading to not only the technical and social question, but also having caused the shake in the filed of intellectual property rights. While people are sharing in knowledge, they are also paying more attention to the research on the law of duplication under the digital environment.This article studies the power of duplication. The power of duplication is in itself not the author's new right, but has actually been entrusted with a new meaning under the digital environment. To realize the research aim, we have to inevitably answer some questions such as the concept of duplication, temporary duplication, personal duplication and so on, so as to balance the benefit between the author, the disseminator, and the user. These questions are also precisely the key points which this article studies.This structure of this article is as follows:The full text is divided five chapters besides the conclusion. The first chapter is introduction. This chapter mainly introduces the background and the research significance, the domestic and foreign research present situation as well as the research method and the main research content about the law of the duplication power under the digital environment. The second chapter is the outline duplication power. The chapter draws out the particularity of the duplication under the digital environment through understanding the history about the theory of the duplication power. The third chapter proposes three problems about t the temporary duplication, the personal duplication and the university Digital library, as well as those arguments about these problems. The fourth chapter uses the massive lengths to introduce overseas related legislation and the experiences such as the US, Germany, the World Intellectual Property Organization and so on, in order to provide a platform on which people think of the solutions to these problems by virtue of profiting from the experiences. The fifth chapter proposes the conception of duplicate power under the digital environment in our country.