Research On Reproduction Rights Under Network Environment

Right of reproduction is an important property right the copyright owner enjoyed,and it is a crucial constituent of copyright legislation.With digital network technology’s rapid development,many new characteristics have been observed in the way people utilizing the work,which inclined to weaken the copyright owner’s control ability to the exclusive right of their work(especiallyrefers to the right of duplication).Dealing with the new way of using work,which is due to the emergence of the new technology,most of the countries apt to adjust the concept of reproduction and the control range of reproduction right appropriately.Replication such as downloading and uploading are undoubtedly controlled by reproduction right,whereas divergences were recognized toward temporary reproduction among various countries.Before digital network technology was widely used,traditional copyright law offered a balance for the interests of the copyright owner and common goods.Nevertheless,the development of digital network technology destabilized the situation and the conflict of interests becoming increasingly acute.This article will mainly discuss right of reproduction from the perspective of temporary reproduction in network environment,thus how to define temporary reproduction is a key issue.The trend around the world is to include temporary reproduction in the category of right of reproduction and to regard it as a precondition,which is guide by developed country who has more power of discourse in the field of intellectual property.PRC’s community of intellectual property rights at present has not been in agreement to the legal characterization of temporary reproduction,therefore it did not be mentioned in Copyright Law of the People’s Republic of China and Regulation on the Protection of the Right to Network Dissemination of Information.However,this is not a long-term policy and the clear legal characterization of temporary reproduction is needed.The article will begin with the primitively traditional reproduction,and take current situation of digital network environment into consideration subsequently.The author will try to extract value from various countries’ legislation and legal theory and give suggestions for resolution from the aspect of determining the nature of temporary reproduction.