The Application Of “The Exhaustion Of Distribution Right”doctrine In The Network Publications

As a limitation to copyright owners distribution right,“the Exhaustion of Distribution Rights”Doctrine effectively balance the interests between the copyright owners and the public.Along with the popularization of digital technology and network,the ways of people making use of works presents the diversification.Digital works have become the main form of many literature,art and scientific works.The application of“the Exhaustion of Distribution Rights”Doctrine in the network publication is not explicitly recognized in the legislative systems around the world.“The Exhaustion of Distribution Rights”Doctrine has failed to fulfil its function,just as the moment is an era with the awareness of intellectual property rights awakening,the protection of intellectual property rights increasing.Via analysing of the legal issues involved in the application of“the Exhaustion of Distribution Rights”Doctrine in terns of network publications,the paper tries to construct“the Exhaustion of Distribution Rights”Doctrine can be used in the network publication.The paper mainly includes the following five parts.The first chapter is the introduction,mainly including the research background and meaning,domestic and foreign research status,research content and methods.The second chapter is an overview of the network publication and “the Exhaustion of Distribution Right”Doctrine,expounds the concept of“distributing”anddistribution rights”and the theoretical basis for the establishment of “the Exhaustion of Distribution Rights”Doctrine.The third chapter is the analysis of the legal issues encountered in the application of“the Exhaustion of Distribution Rights”Doctrine in terms of the network publication.The fourth chapter discusses the necessity and feasibility of the application of “the Exhaustion of Distribution Rights”Doctrine in terms of the network publicationThe fifth chapter points out the applicable condition of “the Exhaustion of Distribution Rights”Doctrine in terms of the network publication and puts forward some suggestions about Industry and legislation.