On the transmission of digital information resources, intellectual property protection

Paper Keywords: digital transmission network transmission protection of intellectual property rights
Abstract: Information Resources digital transmission of behavior protected by copyright Laws; will work through the network communication to the public, copyright holders enjoy in that way use or permit others to use the work right. In the Information resource of digital transmission in the protection of intellectual property, first to ensure that the public interest and the priority of national interests, to protect the national force; Second, we must pay attention to the other pArty the right to take into account the principle; eventually should focus on balance and equilibrium, in pArticular, to protect the interests of socially vulnerable groups of Information. In this regard, may take the following approach : Development of standards and the principle of compensation paid; introduction of a statutory licensing system; establish compulsory licensing system; appropriate relaxation of intellectual property rights of "fair use" of the range; refer to the "safe harbor" principle; increasing legal restrictions on the circumvention; by copyright collective management organization to obtain Copyright Licensing; focus on intellectual property protection and digital Information resources sharing balance.

Chen Xingliang professor at Peking University sued the China Digital Library limited liability company (the number of plans the company) copyright infringement case, the court of first instance, Haidian District, ruling that: (1) the plaintiff Chen Xingliang is <"Modern Criminal Law in China remarks apply to >>,<< World >>,<< defense of Criminal Law>> and works of authors have full copyright. However, plaintiff did not ask for consent, authorization or permit, the company plans to shift a few All the three books uploaded to the website "China Digital Library", and his behavior had violated the plaintiff the right to use the book and enjoy the right to be paid. (2) The court after hearing that the number of plans a large number of companies use the Web site Books attract readers and to the way of charging Development of members, and readers pay to become a member only after the accused be read and downloaded online work. The works of the library function is the preservation of the public to provide access to work opportunities, this contact is based on the specific work to be specific readers in specific ways during the completion of a pArticular, the progress of social civilization and its significance, while the exercise of the rights of limited impact, would not constitute infringement. but in this case, the defendant the plaintiff as a corporate legal work will be uploaded to the Internet, although the form of digital library, but it works to expand the dissemination of time and space, expanding the number of the contact work, changing the way the contact work, and in this the number of plans during the company did not take effective measures to ensure of a reasonable remuneration. Therefore, the defendant's act hampered by Chen Xingliang a way that they recognized the public access to their work, a violation of its right to network dissemination of Information. To this end, the contractor order the defendant to stop in its "China Digital Library" Web site to use the works of Chen Xingliang the plaintiff and the plaintiff economic loss of 80,000 yuan compensation.

The case first need to sort out through the following legal issues: the digital transmission of information resources the nature of legal relations, subject and object; the legal relationship between the rights of the subject content; the right of the main border between the right and the right to conflict; on This right to analyze the causes of conflict. Only in the more clearly analyze and grasp the issues, we can be targeted to the digital transmission behavior related to intellectual property issues involved in analysis of information so as to achieve the standardization of digital transmission behavior , fairness of providing legal basis.

First, digital transmission and the right form of legal relationship
(A) digital transmission behavior of the object. From the macro, said digital transmission behavior of the object (below all refer to public information resources) - Information Resources, a natural information resources, private information resources and public information resources of the points. As public goods public information resources, has two basic characteristics, namely, public consumption of (or shared) and externalities. which is the public consumption of resources, the effectiveness of public information is public consumption, with the aim of promoting the public interest; and externalities , also known as external, is an economics used to describe economic activity generated by the concept of external effectiveness. It is such a phenomenon: a person's actions affect the welfare of others does not reflect the appropriate cost-benefit to the market price. economist Mankiw pointed out that the external behavior of a person's welfare impact of bystander. external and were divided into positive and negative externalities are two types of externalities. If the impact on others is beneficial to others, known as positive externalities; if this effect is detrimental to others, it is called negative externalities. public information resources, positive externalities, mainly for free or cheap for consumers to obtain the necessary public information, thus conducive to their learning, Research and decision-making. public information resources for the negative externalities mainly spread in the public domain in the false information, redundant information, inadequate information, and other low-quality information to consumers, the mental burden caused by pollution or infringement. It is precisely because the sharing of public information resources and external sexual characteristics, made public information resources in the process of production and consumption is inevitable that the "free rider" phenomenon and the "public tragedy" phenomenon.

(B) digital transmission behavior of the legal nature. China's National Copyright Administration on December 9, 1999 issued a <"On the production of digital products in the Copyright rules>>, the second Article clearly expressed:" the existing work into digital products, regardless of the form in which the performance of existing work and fixed, all belong to <<PRC Copyright Law Implementing Regulations>> Article V (a) refers to copying, but also <<PRC Copyright Law "> referred to replication behavior. "This provision is also third in the states:" Except as otherwise provided in copyright law, copyright law protects the use of others by making works of digital products, should obtain prior permission from the copyright owner. "These provisions can be seen through the out of digital information resources is confirmed by copying existing law. Therefore, digital library information resources during the digital conversion work, you must first authorized by the copyright owner's permission, and the right of ownership of digital content, and limit the exercise of the right of reproduction should be in accordance with relevant regulations.

Acts as the core of digital transmission main - Digital Library, to digitize their collections in addition to the saved version of the purpose of the needs, primarily to provide users of its Internet Information Services. But it will involve dissemination of copyright works, copyright holders of its Internet whether in the online dissemination of works enjoy the exclusive right of issue. in 19% concluded in <<World Intellectual Property Organization Copyright Treaty>> there is a right of network communication works covering a wide range of rights, which provides for the right of the network, that "the right of communication to the public." the treaty states: "Literary and artistic works shall enjoy the exclusive right to license their works, by way of wired and wireless communication to the public, including its work to the public so that the public members in their place and time individually chosen to obtain these works. "whether it is issued or public communication, network communication works are the copyright owner's exclusive rights, the library's digital works available to readers free of charge permission (authorization or legal), and pay licensing fees. China in November 22, 2000 through the <<Supreme Court on cases involving computer network copyright law applicable to disputes Interpretation of Several Issues>> The second article stipulates that "under copyright law works, including the provisions of the Copyright Act, Article types of works in digital form ";" Copyright Law Article of the rights of copyright provisions are applicable to digital copyright. will work through the network communication to the public, belonging to the provisions of the Copyright Law the use of the work the way copyright holders enjoy the different ways to use or permit others to use the work, and thus the right to receive remuneration. "At the same time <<Copyright Law"> Twenty-two provides for exceptions: under certain conditions ( such as private study, Research or appreciation, current news, school teaching and Research, etc.), can be used without permission of the copyright work has been published, without payment of remuneration, but shall specify the name, title, and shall not infringe the copyright owner other rights.


In the October 27, 2001 as amended <<PRC Copyright Law "> in the new" Information Network Transmission Right ", that" by wire or wireless means to provide the public works, so that the public can be selected in their personal time and place of access to work rights. "Thus, the full-text digital collections uploaded to the Internet and provide the loan with the download service, should receive permission from the copyright owner.

(C) of the digital transmission right in the form of legal relationship. As the electronic information carrier and information dissemination network, outside the traditional intellectual property rules of information gathering, processing and dissemination of not only a necessary, but also become profitable way. a provider of information generated by the real value of the required information from the customer location, filtering and dissemination. networks, distributed information sources disorder, change and death information can not be predicted, as well as official publications and interweaving of informal information, the traditional pattern of human information exchange chain is broken, the parties either on the network of information producers, publishers, can also be a disseminator of information and users. the right to confirm the result of information complicated and difficult.

Information owners, information providers, information users have the right to form several key messages: (1) freedom of information, the right to equality. The right to freedom of information refers to the extent permitted by law freely and without undue restrictions to the information of the rights. equality of rights entails equality anyone the right to information activities. Freedom and equality are the legal norms and the nature of the information given is to enjoy the basic rights of all other information. (2) the right of access to information . the right of access to information is the message body shall have access to government information, business information, consumer information, libraries and other public information bodies should be public information, and the law all the information right. access to information is a basic right of the main body of information, But in fact, in different countries, regions or individuals, each subject is different level of access to information, social information on the allocation of resources clearly needs to be optimized. (3) the right to use the information. the right to use the information refers to information that owners are legally entitled to the information The processing and dissemination of the right to information processing that information as a resource can be effectively translated into the information economy the most important basic conditions for the formation of information property rights is a prerequisite. (4) information property rights. information refers to information rights enjoy property rights, which enjoy the property of the information content of economic rights. It's set up primarily to encourage creation. (5) information control. Information is a main control means to ensure their own and for the outside world have The confidentiality of information scarcity, authenticity, integrity and have the jurisdiction and control over, and the right to resist harmful information. It is not the exercise of general information about the contents of the intervention, but rather to prevent the illegal invasion of information systems.

Often the same information but for various reasons linked with the different subjects, these subjects from a different angle to enjoy the right of information of different nature, related to allocation of rights between subjects is difficult to balance the rights of increase means that the other party the right to reduce, so , the inevitable conflict between the rights. in the digital transmission, the conflict between the rights of information mainly as a result of violations of economic benefits arising from the conflict. the right of access to information, freedom of information is to protect the right to freedom, equal access to and use of the main requirements The right to information, and information with exclusive property rights is that ownership of the right to exclude others from unauthorized access and use, unless the others can ensure that their share of interest (but it is difficult to determine the degree of interest). This is both in be obtained on the Prohibition of the inevitable conflict. Information Property can not use the coercive power of law to suppress the specific information sharing, as this will lead to the first contact with the intellectual achievements of the public can not even touch the threshold is too high, followed by information on the interests will be inhibited Maximization, because information on the benefits of information sharing in the process can continue to add value, or information on shared interests and even the process can only be realized. dealing with such conflicts, the information property rights must be allowed to share the information, while use the coercive power of the law born of the specific information of interest to the legal recognition is configured to determine a specific subject (right people), as far as possible, "the object sharing, exclusive of interest."
It is also worth noting there are copyright and the right of network communication. Copyright also known as copyright, is the author or other copyright owner by copyright law on its literature, works of art and science and technology of the exclusive rights enjoyed by the general term. China <<Copyright Law "> X stipulates clearly that the personal rights and property rights, including copyright. book of personal rights is to protect a fundamental prerequisite for economic rights, and to protect the works without the presence of unauthorized tampering. the formation of a work, only to use of dynamic forms, or published or transferred in order to better realize its value. The so-called right of network communication, that of the digital technology, uploading and other technical means, to their own work load to a website, so that the reader is on the Internet individual members of the public in their choice of place and time, using a computer with Internet access, independent access to the author's work. China <<Copyright Law "> provides that the copyright owner within the statutory period, his works enjoy the exclusive right, can prohibit or permit others to use their own work. a work by digital conversion to the digital way of use, but works with carriers and means of change, did not produce new work. in the Internet environment, the plaintiff as the copyright holder, still enjoys use rights and the right to remuneration. China <<Copyright Law "> Article Di Wukuan also provides for dissemination on the Internet works, and works on the meaning of the Copyright Law of the publication, distribution, public performance, broadcasting are different, but essentially are designed to disseminate works to the public. the different forms of communication works, does not affect the spread of the copyright owner control over his work. Therefore, the defendant before the case described as a network content delivery service providers, the plaintiff in the dissemination of works on its website is without the permission of the copyright act, the defendant's information dissemination on the copyright owner's rights and interests of a large negative impact. Therefore, the network communication right to consider the protection of proprietary rights and social interests of a new balance between, in protecting the interests of copyright holders, but also should be conducive to the promotion of social and cultural and scientific Development and prosperity of the cause. network is characterized by the digital network resources through sharing, users of information across time and space resource utilization. the expansion of sharing of network resources Dynamic Link is through to completion. the link is to guide the visitor's browser to access the published content of the linked sites, set link just for visitors to browse online content to provide a convenient means. the network resources such information on mode of delivery and services directly related to the author, communicator and relationship between the interests of the public, so its a tremendous challenge to the protection of intellectual property rights. network of information resources sharing and intellectual property protection is inevitable. mainly as the following: Links to Research Papers Download http://www.hi138.com First, information sharing and intellectual property protection of the conflict between the proprietary. has the exclusive intellectual property rights, also known as monopoly, exclusive. The transmission of digital information resources is the object of conduct, with sharing and externalities. Therefore, the sharing and proprietary nature of the contradiction is obvious. In the information technology environment, gradually increase the space of information dissemination, the spread of a variety of ways diverse, is also accelerating the speed of propagation, which gives people the right to exercise exclusive control over their great difficulties. information to achieve the broad sharing of information resources will promote world prosperity and progress. but, due to proprietary features, the monopoly of information set up an information sharing hurdle, limiting the spread of information resources. In order to obtain the freedom of information or low-cost information, spread all kinds of violations.

Second, the rapid transfer of information, updates and intellectual property protection the contradiction between time. Timeliness of intellectual property, mainly refers to the statutory time-sensitive, that is protected by law is valid, once the protection period ends, the right to self-terminate, the relevant exclusive rights of intellectual property is lost, into the public domain. legal reason why the use of this time limit of intellectual property, mainly to balance the rights of people with intellectual achievements of the cost recovery period and the public interests between the two relationship. The current Development of information, so that the generation, diffusion and transfer of rapid acceleration of information relative to speed up the aging process is, the intangible intellectual loss is greatly increased, and spending less time replacement. some valuable information may be in a very short period of time will be eliminated, and its protection of intellectual property may be just beginning, if you wait until the term of protection expires, the original information may have lost its value.


In short, the behavior of digital transmission of information, both faced with the information owner, information providers, information on the balance between the interests of users, is also facing the rational allocation of information resources on how to effectively harness network technology to maximize the benefits of information resources issues . So, how to effectively address the emergence of new technology-based copyright protection and to bring the conflict between information dissemination, to achieve the copyright owner, disseminators and users among the balance?
Second, transmission of digital information resources in the principles of intellectual property protection
(A) to ensure that the public interest and the priority of national interests, to take law enforcement protection. Based on the foregoing analysis, the transmission behavior in the face "value conflict", in this case, the law must protect the interests of selection of priority, the public the interests of national tort law is a widely recognized defenses. For example, protection of intellectual property to advocate the promotion of intellectual communication, to ensure the maximization of social and public interests. This is the larger significance of intellectual property law.

(B) to pay attention to the other party the right to protect the rights of both principle. In protecting the rights of both parties, must be without prejudice to the legitimate interests of the people, otherwise this right must be stopped. In his Fangli Yi protection, one should pay attention to the legitimate interests of other parties recognition, and second, confirmation must be based on basic social norms. information obligations are guaranteed the right to information, information sharing is a prerequisite for creation of information.

(C) Protection of information should focus on equality and balance, in particular, to protect the interests of socially vulnerable groups of information. Nobel laureate in economics, Vickery and Morris pointed out that in the information age, as long as a wide range of conditions of interest, then the information is asymmetric. diverse interests of all parties have the information, in terms of quantity or qualitative terms, is not the same. the dominant party will benefit significantly, while the other party is living in disadvantage. social risk most likely the lowest in the affordability of social groups who broke out, which constitutes endangering social stability, and impact on social Development and political civilization, a great social risk. This issue needs to the government and the community work together to develop beneficial to the community development policies and laws and regulations.

Third, transmission of digital information resources in the way intellectual property protection
(A) develop standards and the principle of compensation paid. In the digital age, mass user works with the sporadic use of mass as a major mode. If each user in accordance with the standards of traditional publishers to charge copyright royalties, is obviously extremely reasonable. Thus, for users, especially digital copyright operators, a clear understanding of the risk of infringement of rights and human rights complaints to determine a reasonable range, are not feasible. standard method of calculating damages, but also to give more from a legal point of view clearly defined, the user should be digital rights management in particular those who actually pay and cost into account.

(B) the introduction of a statutory licensing system. All works protected by copyright must obtain permission from the copyright owner. This game requires a copyright owner and the user process (such as rights of copyright holders, product value and price negotiations). Which will lead to additional transaction costs, so that users bear. the legal permit system allows the user may advance by the copyright owner's permission to use, just after the two sides to negotiate the price and pay royalties. This can greatly reduce the cost of consuming , and because prices are often negotiated after the fact, and will not affect the negotiations broke down because of the use of works to improve the work efficiency.

(C) the establishment of compulsory licensing. Compulsory licensing system means that copyright owners do not permit others to use in certain period of time a published work, use competent authorities may apply to the Government, through a certain process to obtain compulsory license, may, without the copyright the permission to use their works, but shall pay remuneration. now <<Berne Convention>>, WIPO Convention, the provisions of this are, but this does not increase our provisions of copyright law. As the two major members of the Convention, China has also should be applied to the system. as long as the work type and the use of compulsory licensing in the range, you do not need to obtain copyright authorization, subject to the copyright owner to pay.

(D) relaxing of intellectual property rights of "fair use" range. Fair use system is the prevailing system of national copyright law, under certain conditions that allow others to freely use the law of copyright works without the consent of the right to consent to the rights holders do not have to paid. this system of knowledge for the promotion of progress and improving the quality of education is essential. If the copyright rights of copyright holders not appropriate restrictions, not to give librarians and individual users specific immunity, it will deepen the information rich and the gap between the information poor. Therefore, the principle of rational use of public libraries should be extended to the network environment, allowing the public library is a limit within a certain range of network communication.

(E) refer to the "safe harbor" principle. Universities and the public library, many are using the service provider's resource database. As a user, they are difficult to verify whether the resources of these huge numbers have all been authorized. And these non-profit institutions and because these resources did not receive any profit. Therefore, we can consider the Administrative Protection of Copyright on the Internet a "safe harbor" principle incorporated areas of digital libraries. In doing that, after due and reasonable obligations, if the authors found that infringement may notify the library Hall, the Library immediately remove the relevant content and links, it should not bear tort liability.

(Vi) increasing acts of circumvention law. Usually take technical measures to stop the networks that are conducive to infringement, but the technical measures are not a panacea, if not its legal protection, unauthorized decryption or circumvention of technological measures to prohibit and punish acts of non- , then the rights holder can not be effectively protected. In China, this has not be provided, so for those dedicated to decrypt the device or damage to the behavior of other technical measures will not directly be stopped.

(Vii) by copyright collective management organization to obtain copyright authorization. Works of digital and networking, implementation and management rights of the individual more and more realistic, collective management is increasingly necessary. By copyright collective management organization to obtain copyright authorization, as More and more people adopted a licensing model. but also that copyright owners and copyright-related right holders may authorize copyright collective management organization to exercise the copyright or copyright-related rights. copyright collective management organization is authorized, can be own name for the copyright owners and copyright-related claim rights and as an interested party relating to the copyright or rights related to copyright litigation, arbitration activities.

(H) focus on Intellectual Property Protection and sharing of digital information resources balance. Innovations of the digital network age of the global economic recovery, a greater impact lies in the subsequent level of Innovation around the world, the rise of knowledge. But knowledge Property Law will no holes is not possible to make people give up all vested. In order to maintain the Internet industry in Innovation and sustainable development of information industry, we must leave enough space. Therefore, the current intellectual property system should seek to protect within the scope of public interests and security by providing a limited exclusive rights in order to achieve balanced competition. reposted elsewhere in the Research Papers Download http://www.hi138.com