A Study On Legal Protection Of Temporary Copy

The right of reproduction is the most fundamental right in copyright.But the development of network technology and the renewal of social consumption mode bring new adjustment and change to the theory of the right of reproduction--especially the appearance of temporary reproduce in network environment,which makes the right of reproduction appear more complicated and diversified in the network environment.Due to the development of computer technology,the problem of temporary reproduce has gradually entered the field of copyright law,and has triggered a series of disputes over the traditional reproduction and the right of reproductions.This paper attempts to analyze the necessity of temporary copy protection,as well as the feasibility of temporary reproduce of current copyright regulations and other existing commercial models to control temporary reproduce.On the premise of proving the necessity of controlling the temporary reproduce and the temporary reproduce of the existing copyright law,this paper proposes the extension of the right of reproduction to regulate the temporary reproduce,and set the specific restrictions and exceptions of browsing and caching to balance the interests between the copyright owner and the computer user.This paper is divided into three parts: introduction,Text and conclusion.The introduction part explains the motives of this paper.In recent years,the rapid development of digital technology,computer users of the use of temporary replication more and more,the rights of the work of the people also feel the temporary copy ofthe Act of damage to their interests.This paper discusses whether it is necessary to control the temporary reproduce and whether the current copyright law can effectively regulate the temporary reproduce,finally discusses the expansion of the right to copy,the temporary copy into the scope of the regulation of copyright law feasibility,and the right to set limits and exceptions,for the temporary copy right to repair the law to provide some advice.This paper is divided into three chapters.The first chapter gives a general introduction to the legislative status of temporary copy,and then points out the necessity of protecting temporary reproduce in the current society.First,from the feature,definition and type of "temporary copy",the article probes into the essence of temporary copy,and determines that the characteristics of temporary copy are the temporary one,which is different from the permanent copy behavior in traditional sense.Secondly,due to the change of the technology of computer users ’ acquiring works,the temporary copy behavior has shown great economic value in the use of streaming media and the use of software works.In section III of this chapter,it is noted that lots of States have domestic legislation on temporary copy or that the legal status of provisional reproduction is determined in the form of jurisprudence.Developed countries such as the United States and European Union Member States are the earliest supporters of the temporary reproduce of control of the rights of reproduction,and the beginning of fierce opposition in Japan,Australia and other countries have begun to pass legislation,the temporary copy into the scope of copyright law control.This is not only because of the legislative trend of temporary reproduce between the international community,but more importantly,the changes in social consumption patterns bring new challenges to copyright law.Thus,in the signing of the Treaty on the Protection of broadcasting organizations and the broadcasting organization,developing countries’ proposals for the prohibition of temporary reproduce by many countries and regions in the international community are also visible,and the proposal of the Group of Latin American and CaribbeanStates on the analysis of copyright related to digital environment is noted,Temporary replication makes copyright protection in the digital age a scrap.The second chapter discusses the feasibility of making temporary reproduce by current legislation.It mainly includes: Discuss the value of using temporary copy,and the trend of provisional copy legislation in international environment,and the predicament of software protection in our country.This chapter discusses the "Temporary copy" attribute,and probes into the nature of the temporary copy in our country’s work law,and points out the vacancy of the "temporary copy" regulation in our current copyright law,which makes our country have some loopholes in the legal protection of the software industry and the streaming media industry and the rapid development of China’s digital industry compared to a slight lag.It is not feasible to make temporary copy by current legislation,which requires the law of temporary reproduce to be revised and included in the protection scope of copyright law.The third chapter is mainly about the legislative way to regulate the temporary reproduce of our country,including two parts: the discussion of the constitutive elements of copy behavior and the focus of the problem of "temporary reproduce"--restriction and exception.First,in the history of the change of right of reproduction,the the right of reproduction is expansionary,so the meaning and elements of copy in the traditional copyright law are based on the traditional permanent copy behavior,and the most essential component of the copy behavior is "reproducibility" and "fixation".The temporary copy conforms to the elements of "reappearance" and "fixed + tangible carrier".Thus,it is concluded that the temporary copy is a copy behavior.The second section,based on the viewpoint of "temporary replication is a replication behavior",puts forward the great influence of regulation on the user behavior of computer users after temporary reproduce,so it is important to set the limitation and exception of temporary replication.Therefore,a general standard should be set for limitations and exceptions,and specific browsing and caching restrictions should be defined to balance the interests of the user and theauthor’s rights.