Research On Legal Issues Of Piracy Prevention And Control

Piracy is such behavior that copys and distributes others’works, performances, audio and video recording products without a license or authorization of the copyright or neighboring rights. In practical environment, piracy not only increases the opportunity of reappearance of works and fixations, but also increases the number of its carrier. However, in internet environment, piracy only increases the reproduction opportunity of works and video recording products. Piracy in practical and internet environment have similarity and difference. The similarity is that piracy in practical and internet both violate the right of reproduction of copyright owner and neighboring rights owner. And difference is that in practical environment piracy not only violates the right of reproduction but also violates distribution rights, however, in internet environment, piracy only violates information transmission right. Piracy prevention and control refers to the legal activities of copyright owners and neighboring right holders which prevent and control the behaviors of violation. The analysis of the piracy is the basis for piracy prevention and control, and the main factors that influence the generation of piracy include:subjects, objects, technical approaches, marketing and distribution as well as benefit distribution. Piracy has became an international issue, and countries around the world are seeking a method of protecting and controlling piracy. Many countries such as United States, Germany, Japan, have achieved certain results and made effective explorations for piracy prevention and control by building sound system of laws and regulations, estabilishing complete ancillary implementation mechanisms, and strengthening the international and domestic cooperations. In our country, after nearly two decades of efforts and accumulations, the system of piracy prevention and control has been basically formed. However, due to the factors of copyright legislation that is passive and emphysizes transplation but transformation, law enforcement supporting mechanism that is imperfect, and of legal system that is out of line with the legal culture, the prevention and control of piracy is still ineffective, which mainly be shown as following expressions:imperfect copyright legal system, high cost and low efficiency of law enforcement and judicial, slowness of building modern rights-based legal culture. To improve the situation of our piracy prevention, we should keep step with the times, and under the guide of principle of balancing interests to further improve the system of copyright laws and regulations, strengthen copyright administrative enforcement mechanism, build the legal culture that respects knowledge, creation, and right, and then to achieve the harmony of legal system and legal culture.