| The interests balance is the basic spirit of the modern copyright system, it influence the design, application and modification of the rules of the copyright system. The coordination of the interests of the writer, the communication and the interests of the society is the core of the interests of the copyright system, and the copyright system is determined by the legal authority. From the view of the history of copyright system, the copyright system in the interests of the balance of interests is more successful, but the copyright system and the development of media and communication technology, the interests of the pattern is not likely to be absolutely stable, the interests balance mechanism can not be fixed.The appearance and the rapid popularization of the Internet makes the copyright system facing challenges and opportunities. Known as the "son of printing",the copyright system, in the network environment has encountered the challenge of innovative file transfer mode, emerging cultural industry and information sharing concept, but also in the opportunity brewing change. Solve the problem of balancing interests is the fundamental way to solve the problem of the current and future of the network copyright protection.The essence of the imbalance of the interests of the copyright under the network environment is the development trend of the contradiction between the expansion of copyright and the network infringement. First from the balance of interests of the exploring of, in the copyright system, the pursuit of a balance between the interests of copyright owners and the public interest is always the core mechanism of balancing of interests in the;and under the network environment the growth of cultural industries and the development of the Internet industry also are calling for the reform of copyright system; in addition for the country, reform of the system of the copyright under the network environment not only on the basis of the balance between personal interests and social public interests, should also concerned about the balance between the macro level of economic development and cultural prosperity. Secondly, considering the suitable benefit pattern under the network environment, it should be clear about the application of management authority and circulation, clear responsibility and exemption, reasonable use system and standard technical measures.Finally, based on the copyright protection of existing international law and domestic law framework, discussed the balance mechanism of network copyright interests from two aspects of system design and legal regulation, due to the characteristics of present network environment, a large number of works spread fast and strong interaction, and the rapid development of network technology change rapidly, therefore, in the legal regulation,should first that pay more attention to legislative regulation for network copyright,then we should try to seek the network regulation law outside the way, such as the spontaneous formation of the network in the world, the network main body are consciously or unconsciously to abide by the "customary norms" into the network copyright system, this helps to solve the special problems, the network copyright to avoid network development situation under the law than on the other hand, is more conducive to the balance of net Interest pattern in the network copyright. In the design of the system is to carry out reform and innovation in the system of copyright collective management system, license system,compensation system, so as to solve the authorization problem of the mass work, clear the ownership and transfer of copyright in network, clear liability for copyright infringement to enter further realize the network environment under copyright interests conflict mitigation,to achieve the balance of interests. |
