The Legal Control Of The Imbalance Of Copyright Benefit In Digital Publishing Environment

Digital publishing industry as an important part of cultural industry, by means of digital technology and copyright protection as the core, the business as the platform, has become the inevitable trend for the development of press and publication industry in our country. And it is helpful for the economic growth. But how to strengthen the digital copyright protection has become a new challenge. There are lots of conflict among the right holder, digital publishers and the public. How to realize the balance of them, needs legal control. Based on digital publishing benefits conflict phenomenon, the essay analyses the cause of the unbalanced benefits and use legal control as the breakthrough point. In order to found the balance of benefit about digital publishing, I suggest establishing three systems by drawing up and improving laws. These are rights protection system, rights realizing system and right relief system. The essay consists of four parts:Part I is an introduction. It introduces background and research method of this research, and also reviews the domestic and foreign research tendency.PartⅡ describes the phenomenon about digital publishing benefits imbalance. Firstly, it introduces digital publishing and related legal relations. Secondly, it summarizes disputes breaking of digital publishing. Finally, analyzing the cause from digital publishers, network service providers and users.That provided a context for the next part.Part Ⅲ analyzes the reason of digital publishing interests unbalance.It combines with the frequent disputes and benefits conflicts. Firstly, the current copyright system has not adapted to the new environment. It needs to adjust the current copyright system in our country. Secondly, we need to find new authorization model, remove the barriers in the development of digital publishing industry, to ensure the development of the industry.Part Ⅳ contains some suggestions about perfecting our country’s legal system of digital publishing. Balance is the goal to digital publishing, and legal control is the best solution to solve the problem of digital publishing benefit imbalance. I intend use the legal control theory to evaluate the benefit imbalance, and provide a theoretical basis for this paper. I intend to establish the rights protection system, some copyright authorization modes and rights relief ways. Those methods can respond to and solve the imbalance of digital publishing benefits, and be helpful to the third modification of the copyright law.