A Study Of Temporary Reproduction

Reproduction right is the core right of the copyright. It is the fundamental right amongcopyright economic rights. With the development of the network technique and digitaltechnique, the temporary reproduction comes into the view of copyright. It has become a hotissue and arises discussion all over the world. Does the temporary reproduction belong to thescope of the traditional reproduction. different countries have different answers.The international organization, countries, regions try to provide their own resolution ofthis difficulty. Berne Convention, WPPT, WCT separately enact act to regulate temporaryreproduction. But it is a hard issue to unite all the dissenting opinions. So all the acts failed.The issue about temporary reproduction is up in the air up to the minute. At the present time,there are three different mainstreams of opinions in the world.the developed countries led byUnited states, Canada, Australia clarify temporary reproduction into reproduction right. Theyadopt legislation to broaden the definition of the reproduction right. and add restricts upon thecopyrights. The deep cause is that these countries consider and protect the benefit of authorsmore than that of the users. On the other hand, the developing countries mostly ruletemporary reproduction off when they constitute laws. Because from the view of theeconomic tactic, it is more important to ensure the right for users to utilize the information, sothey don’t think it is equal to clarify temporary reproduction into reproduction. And the thirdkind of opinion is from EU, besides admitting that temporary reproduction belongs to thescope of reproduction, it rules off some special kinds of reproduction because they do nothave independent economic value. China’s intellectual property scholars have not achieved atlegal agreement, which has been reflected in the “disseminaton of the network information”the specific term about temporary reproduction is not guided, the addresser said the time hadnot come. And the technology has not been ready.This paper is set from the history of the temporary reproduction. and is oriented tocompare temporary reproduction with traditional reproduction. and it confirms that temporaryreproduction is one way of reproduction. but it is different from the traditional way ofreproduction.Then it enumerates the examples of relevant countries and regions and analyzestheir legislative background,At last the paper demonstrates the necessity for China to clarifytemporary reproduction into copyright. and put forward proposals about the countermeasures.This paper is divided into five parts. Chapter1is about the history of temporary reproduction. Chapter2is the exemplifications of the legislation of the internationalorganization. Chapter3is about the legislation of the developed countries. Chapter4andchapter5is about the necessity and feasibility for China to modify the law to include thetemporary reproduction.