The Copyright Balancing Mechanism and Related Legislative Trends – From the Perspective of Network Environment Analysis

Abstract

Abstract

The revisions of China’s Copyright Law are always closely related to the development of technology. Before the first revision of China’s Copyright Law 1991, the rise and extensive use of the internet has made copying and transferring data easier and easier, but problems stemming from private copying have also provoked a number of debates in China on issues related to the interpretation of fair use. As a result, in 2001, the right of network communication, provisions of technological measures and copyright collective management organizations were introduced into the amended Copyright Law. However, after a decade of practice, the previous provisions cannot meet the new situations in the network environment, thus many legal systems in the Copyright Law need to be reconsidered in order to rebalance the interest of each party. This paper attempts to discuss the balance of interests among creators, disseminators and users under revisions of Copyright Law in China and analyze the legislative trend of China’s Copyright Law from the perspective of the network environment.