On The Expansion Of The Protection Scope Of Reproduction Rights In China

As the core right of copyrights, the right of reproduction plays a very important role in the progress of science and technology. Protect and adjust this right, involving economic and social interests and many other aspects. From the existing copyright law, the protection of reproduction rights there is a certain lag and conservative. If the protection scope of reproduction right is too wide, it will not be conducive to the dissemination and utilization of works, and harm the public interest. Under the new technology conditions, whether a certain kind of copying can be included in the protection scope of the right of reproduction, we need to make the value judgment on the basis of the essential characteristics of the right of reproduction. This article focuses on the protection of copy right from the two aspects of temporary copy and copy. Scope in the Copyright Law should be how to regulate the process of regulation.This article is divided into three parts: the introduction, the text and the conclusion, in which the text is composed of three parts, which respectively introduces the protection of reproduction rights in China should be tedious. The change of the real needs of China’s reproduction of the scope of protection to expand the performance and analysis of the scope of China’s reproduction rights protection system to follow up.This paper introduces the status of the development of reproduction rights in China and the original intention of writing the article, leads to the body part.The first part is the realistic demand that the scope of the right of reproduction should be changed, introduces the conception, development process and elements of the right of reproduction and analyzes the lag of the right of reproduction in the current copyright law- can not effectively adjust the new problems in judicial practice, And discusses the core characteristics of the right of reproduction, including the subjectivity of reproduction, the non-originality of the copied content, and the tangibility of the material carrier. The second part is the core content of the full text,focusing on copy right protection The paper expounds the necessity of the change ofthe scope of protection of the right of reproduction from the angle of the legislative purpose of the copyright law, the normative function of the law, the development of foreign trade and so on. At the same time, And the international copyright treaties to which it has acceded, with clarification of the relevant responsibilities and obligations.After the introduction of Tencent Company v. Wang Youjin, Taobao copyright dispute case, Tencent company v. Gwangyang Electric Company, Jinan Ginza Group copyright dispute case and related legal analysis, analysis of temporary replication and allogeneic copy should be limited to the scope of protection of reproduction rights, And elaborates the necessity of incorporating temporary reproduction and allogeneic copy into the scope of protection of reproduction right, including its necessity as a right of reproduction right, economic interests, maneuverability and enforceability, so as to get the protection scope of reproduction right. The third part is the follow-up of the change of the scope of the protection of reproduction rights in China. The third part of the Copyright Law is introduced in the third part of this paper.It is also necessary to clarify that any right is not absolute, and to expand the scope of protection of reproduction right, we should perfect the restriction right of reproduction right, and make the right of reproduction by rational use and legal permission. limit. It also gives a brief introduction of the legal provisions of fair use and statutory licensing in various countries and the restriction of reproduction right,and analyzes the provisions of fair use and statutory licensing in the current copyright law in order to improve the right restraint system of reproduction right in our country.