Restriction Of Copyright In Internet Environment

Copyright restriction in Internet environment is an urgent problem to be solved with the use and development of digital technology and Internet communication at the beginning of the 21st century.Since the copyright of Anna Decree,until the Berne Convention,TRIPS agreement,WCT and WPPT came out,every modification and adjustment of copyright system reflects the adaptation of copyright system to technology.Although WCT and WPPT generally stipulate the copyright restriction system,due to the lack of theory and practice,the boundaries of copyright restriction in the Internet environment still need to be clarified by copyright laws of various countries.Under the guidance of freedom of expression and creation,balance of interests and remedy of market failure,this paper tries to find useful guidance and guidance for the copyright restriction system in China by analyzing and interpreting the foreign copyright restriction system.The preparatory chapter is an introduction,starting from abstract concepts and theories,by analyzing the background and research the importance of the article,clarifying the purpose of this article,so that readers can be brought into the article more quickly.By structuring the research ideas,research methods,difficulties and innovations of the article,the value and significance of the article creation are guaranteed,and the rationality and appropriateness of the article in theory are guaranteed.The first chapter explores and introduces the current situation and dilemma of copyright restriction in the Internet environment,and leads to the theoretical and practical problems to be solved.By introducing that the legal system in the Internet environment is impacted by technology,usage habits and other aspects,and then extending to the challenges of the development of the Internet to copyright law,the real veil of the problems faced by copyright restrictions in the Internet environment is revealed.This paper introduces the current situation of copyright development in the Internet environment,and clarifies that the core of copyright law in the Internet environment has changed from "copyright" to "information network dissemination right".The dissemination of information network has brought the characteristics different from traditional copyright law.Under this characteristic,the limitation of copyright law in the Internet environment presents conflicts in different aspects,such as legal provisions and institutional provisions.The second chapter explores the legal value of digital copyright restriction.According to Professor Hugenholtz’s point of view,this paper summarizes the characteristics of copyright in Internet environment,and expounds the rationality and feasibility of copyright restriction system from three different perspectives:protecting freedom of expression and freedom of creation,realizing the balance of interests and remedying market failure.The third chapter is about the experience of foreign copyright restriction and the inspiration from it for China.This chapter introduces international copyright restriction legislation and extraterritorial copyright restriction legislation respectively according to the logic of time by using the method of historical analysis.It also analyses the advantages and disadvantages and draws a conclusion of practical significance to our copyright restriction legislation.The fourth chapter attempts to construct the copyright restriction system in the Internet environment,which is the key part of the article.On the basis of the principle of balance of interests of copyright law analyzed in the previous article,legal measures are carried out from the following aspects:fair use system,statutory licensing system,implied licensing system and so on;management measures are carried out through technical measures and rights management,so as to provide a feasible scheme for the construction of copyright system in the Internet environment.The last part is the conclusion.Through summarizing and refining the viewpoints of the article,it puts forward the prospects and expectations for the good development of copyright restriction system in the future.