The Establishment Of Copyright Levy With Non-profit Making Use Of Works In The Internet Age

This paper has five chapters.First chapter is "the age of the Internet works of non-profit use imbalances",in the perspective of interests balance,using the method of value analysis,probes into the main body of the author,disseminator and user copyright interests balance,and the imbalance of the relationship between the parties under the condition of the age of the Internet technology.Interest imbalance is mainly manifested in the use of work process,there are two main types of work using form,namely for-profit use and non-profit use.Due to profitable use of works by copyright authorization for dynamic balance,so that the interests of all parties imbalances mainly concentrated in the process of non-profit use works.The second chapter "non-profit use of benefit analysis of the causes of imbalances",the main form of traditional private non-profit replication using works and basis,but with the rapid development of Internet technology,makes people realize copying and dissemination of works is greatly reduced,the condition of private copying expands,lead to the interests of all parties in the works of non-profit use of imbalances.This makes the legitimacy of the traditional private copy challenged,private copying has gradually falling into the risk of infringement.In the face of traditional private copy expanding,needs to set up new standard to restrict private copying,reconstruct the equilibrium relation between the rights of parties.The third chapter "overview traditional private copy compensation system" introduces the replication technology advances,gave rise to the copyright system and promote its development.From printing to analog to digital technology,expanding the private copy.In order to make up for the interests of authors and communicators,appropriate compensation system came into being.Although there are inherent defects,but when the copyright law in the face of science and technology development brings the power imbalance between the interests of all parties,it is still a positive response,a feasible and convenient for operation and the balance of fairness of give attention to two or morethings measures.The fourth chapter "non-profit standard is put forward and the system guarantee of" analyses in the pre-internet era to build reasonable use system,have been unable to meet the needs of the Internet era private copy expansion.Put forward appropriately expand the scope of fair use,on the basis of non-profit use,namely the subjective not profitability,the purpose of objectively without economic gain,judging the rationality of the private copy.In terms of non-profit use of the system guarantee of the work,put forward on the copyright Levy to make up for personal use replication to the holder of the damage,to ensure the personal copy use restrictions in non-profit implemented within a reasonable range.Set up a copyright Levy has legitimacy and feasibility in our country.Fifth chapter "to establish copyright Levy of the preliminary conception",by using the method of empirical analysis and comparative analysis to the current national copyright Levy existing in the practice of a variety of factors,such as the collection and distribution of obligee and obligor,expenses,etc.,through the contrast analysis of advantages and disadvantages of inductive refining copyright Levy.To our country in the process of constructing copyright Levy design,fully absorb the various countries’ copyright Levy operating experience,proposed to establish the copyright registration system to register and management work and the right to information,through the sample investigation to determine the specific proposals,such as value.