Theoretical Extension and Governance Conception of Copyright under the Internet Environment
Yan Li · Dalian Ligong Daxue xuebao · 2014
With the rapid development of digital communication technologies,the traditional theory and rules of copyright law is facing diverging barriers stemming from communication technology itself in this Internet era.Reasonable coordination among the multi-subject interests and fair allocation should be the basis of policy measurements in copyright law.Technological protection measures as means of private relief will probably have negative effects on fair use because of subjective personal interests evaluation.Thus technological protection measures should make further improvements in accordance with the draft amendment of copyright law.Copyright law should decentralizeworksinusage behavioras the mainfocusof determining the boundaries of copyright protection.Reasonable definition ofcommercialandpublic/privateusage behavior has an important complementary and referential function on whether it constitutes copyright infringement.Meanwhile,we should promotetwo-trackmodel of copyright governance,and rebuild a binary structure of coexistingcompensatory liability rules-property rulesin this Internet era.