The Study On The Balance Of Interests Between Copyright And The Information Sharing In Network Of China

Information is not only the basic channel for every social person to know the world but also the necessary element to establish a benign social order. The product is one kind of information. The access, use, dissemination and share of information satisfies citizens’ basic spirit needs, enriches the cultural life of the public,also is a concrete manifestation of the exercise of "People’s Republic of China Constitution," Article 47 which gives the public civil and cultural rights, whose legitimacy is self-evident.The copyright is the recognition of the author’s mental fruit of labor, which is product, in the layer of law. The authors and the relevant right owners who have the copyright hope their copyright get strict protection, while the mass public expects the restriction on the copyright, thus realizing the sharing of the information and source in the whole society. In so doing, the copyright and the sharing of the information are like the weights on each side of the balance, shift each other and mutual restraint. In order to encourage the creation of passion and realize the maximizing of the utilization efficiency of the information source and the promotion of the overall prosperity of the social culture, the legal workers continue exploring to achieve the balance of the two sides by various institutions. With the introducing of the relevant international treaty and convention and the establishment of each countries domestic law, combined with the improvement and coordination of every rules in the field of science and technology, the balance has changed into the state of relevant equilibrium from the previous state of slightly inclining or even broken.(The Copyright Law didn’t acknowledge the status of the author be the subject of right at first). Its contribution to the development of the social culture shouldn’t be underestimated. Each revolution of science and technology will add quite a vibration to this balance and even break the previous equilibrium, which are even the case, the development of network is just like that. The chief reason is, the aim of the indiscrimination sharing of the massive information made the sharing, globalization of information more and more obvious, when it collides with the monopoly, regionalism of the copyright, it will make the relation of the copyright and sharing of information tense again. If we want to break the tense situation and reach the balance condition of the copyright and the sharing of information, we must seek the solutions from the institution aspect. In China, we need to consider the special environment of Internet when establishing the balance between copyright and information sharing,to analyse and study relevant legislation in developed countries. We may learn from these useful experiences. Based on reality in China, we suggest new legislation from the perspective of protection and limitation, moderately add new mechanism design in order to improve the protection of the rights of copyright owners and the public, and promote further prosperity and development in social culture.