Transmission of digital information resources in the right form

Paper Keywords: Information transmission network of digital transmission right
Abstract: Information Resources digital transmission 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. Based on the Information resource of digital transmission of legal relations theory analysis, examining the relationship between the Law of the right form in order for the digital transmission of Information act to achieve the standardization and fairness of providing legal basis.

I. Introduction
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 Chinese Criminal Law Criminal remarks apply to the New World >>,<< >>,<< self-defense theory>> and works of authors have full copyright. But in the absence of the consent of the plaintiff's consent , authorization or permit, the company plans to shift a few books all the three 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 companies use the site map a large number of books to 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 Library function is the preservation of public works to provide access to work opportunities, such contact is based on the specific work to be specific readers in specific ways during the completion of a pArticular civilization and progress of society is important, but 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, and expanded access to The number of works to change the way the contact work, but also in the process, the number of plans the company has not taken any effective means to obtain reasonable assurance of payment. Therefore, the defendant's actions hindered the recognition of the way they Chen Xingliang to make contact with the public work, a violation of its right to network dissemination of Information.

We need to sort out the case prompted by the following legal issues: (1) digital transmission of information resources, the nature of legal relations, subject and object; (2) the relationship of this Law the rights of the subject content; (3) the main rights and rights of the boundary between the rights of the conflict; (4) of this right to analyze the causes of conflict. only legal issues with the above analysis and grasp more clearly, we can be targeted for acts related to digital transmission analysis of intellectual property issues related to digital transmission of information to achieve the standardization of behavior, fair and legal basis of the offer.

Second, digital transmission and the right form of legal relationship
(A) the object of digital transmission behavior
From a macro, said digital transmission behavior of the object (hereinafter refer to public information resources in both) one by one information resources, information resources are natural, private information resources and public information resources of the points. As a public information resources of public goods, with two basic characteristics, namely, public consumption of (or shared) and externalities.

- Public Consumption. Public information resources of public consumption, is the effectiveness of public information resources is public consumption, the aim is to promote the public interest.

- Externalities. The so-called 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 behavior affects others welfare and the corresponding costs and benefits do not reflect the market price. economist Mankiw pointed out: "the external behavior of a person being on the bystander effect." externalities 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 the consumer free or cheap access to public information required, 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 poor information the mental burden on consumers, pollution or harm. 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 of the
National Copyright Administration of China in December 9, 1999 issued a <"On the production of the provisions of the copyright of digital products)), the second Article clearly expressed:" the existing work into digital products, whether any form of existing works and fixed, all belong to <<PRC Copyright Law "> copy of the alleged acts." The provisions of Article III also states: "Except as otherwise provided in copyright law, the use of others protected by copyright law works Digitized Products should obtain prior permission from the copyright owner. "Through these regulations can be seen that the 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.

As digital transmission behavior of the central subject of a digital library, its collections to digitize the purpose in addition to preservation of a foreign, mainly to its Internet to provide users with information services. But will copyright works online communication related to copyright holders His works enjoy the exclusive right of the on-line question is .1996 <<World Intellectual Property Organization Copyright Treaty>> in the network works in one of its right of communication covering a wide range of rights, the provisions of the rights of the network, that "the right of communication to the public." 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 members of the public in its place and time individually chosen to obtain these works. "issue or whether it is public communication, network communication works are the copyright owner's exclusive rights, the library's digital works available to readers free of charge requires a permit (or statutory authorization ), and pay licensing fees. China in November 22, 2000 through the <<Supreme Court hearing cases of copyright dispute involving the computer network for the interpretation of the legal number of issues>> clearly states that "the works protected by copyright laws, including Article III of the Copyright Law of works in digital form all kinds of "" Copyright Law Article of the rights of copyright provisions are applicable to digital copyright. will work through the network communication to the public, copyright law is the way a work , the copyright owner of the ways to enjoy the use or permit others to use the work, and thus the right to receive remuneration. "At the same time in the" <Copyright Law "> Article 22 provides for exceptions: under certain conditions (such as private study, Research or watch; current news coverage; 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 other rights enjoyed by copyright

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 to obtain the right to work "; Thus, the full-text digital collections and to provide loan upload to the Internet and download services, should receive permission from the copyright owner. Links to Research Papers Download http://www.hi138 . com (c) the digital transmission right in the form of legal relationship
As the electronic information carrier and information dissemination network, the traditional norms of intellectual property law outside the scope of information gathering, processing and dissemination to be necessary, but also become a way of corporate profits. A provider of information generated real value of the information needed from the customer location, filtering and dissemination. networks, distributed information sources disorder, its unpredictable change and extinction; formal publications and informal information interwoven, the traditional human communication chain pattern is broken, the parties either on the network of information producers, publishers, disseminators and users can also. the right to confirm the information becomes so complex and difficult.

1. The information owner, information providers and information users in the form of several major information rights
Freedom of information, freedom of information and the right to equality in the legal range is freely and without undue restriction of the rights for the information. Equality of rights entails equality anyone the right to information activities. Freedom and equality and by the nature of the information given by legal norms, is the enjoyment of other rights the basis of all information.

The right of access to information means the right to access to information law information subjects had 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 basic information on the subject right, but in fact, in different countries, regions or individuals, each subject is different degree of access to information, social information on the allocation of resources clearly need to be optimized.

The right to use the information right to use the information refers to information that owners are legally entitled to the information processing and dissemination of the right to information processing that information as a resource, can be effectively translated into the information economy to the basic conditions of production, is the formation of the premise of information property rights.

Information Property Information Property refers to the enjoyment of the property rights of information, that information on the property of having an economic content to enjoy the right. It's set up primarily to encourage creation.

Control over information control information in order to ensure that the subject of their own have the information to the outside world the secret of scarcity, authenticity, integrity and have the jurisdiction and control over, and the right to resist harmful information. It General information about the content of the exercise not to intervene, but to prevent the illegal invasion of information systems.

Often the same information in various ways and different due to the main link, the subject from different angles have different information about the nature of rights, the rights between the distribution of related subject is difficult to balance the rights of increase means that the other party the right to decline Therefore, the inevitable conflict between the rights. in the digital transmission of information in the conflict between the rights of mainly as a result of violations of the conflict over economic interests. the right of access to information, freedom of information is to protect the right to freedom, equal access to and use of the main body of the the right to require information, and information with exclusive property rights is that ownership of the right to exclude others from unauthorized access and use, unless the people can guarantee their own share of interest (but it is difficult to determine the degree of interest) 6. This in access between the two must exist between the prohibition of access to 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 inhibit the maximization of the interests of information on the implementation, 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 allow the sharing of information, while using 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.

2. On the right of copyright and 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. Our new Article 10 of the Copyright Law clearly stipulates that personal rights and copyright, including property. 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 in the form of a dynamic use, or publish or transfer, in order to better achieve 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 readers on the Internet that individual members of the public may, in its choice of location and time, can Internet computers, independent access to the author's work. the provisions of the copyright law, copyright holders within the statutory period, his works enjoy the exclusive right to prohibit or permit others to use their own work. a work by digital conversion to digital use, only works with carriers and means of change, did not produce new work. in the Internet environment, the plaintiff as the copyright holder, still enjoy the right to use and to remuneration. Copyright Law Article 10, paragraph 5 also provides work spread on the Internet, and copyright law works on the significance of the publication, distribution, public performance, broadcasting are different, but essentially all the work for the dissemination to the public. dissemination of works in different ways, does not affect their copyright holders control of the spread works. so the above cases the defendant as a network content delivery service providers, on its Web site to spread the plaintiff works, without permission of the copyright act, the defendant's information dissemination on the copyright owner's rights and interests of a negative effect. Thus, the network communication right to protection of the right to be considered proprietary and social interests of the new balance between the protection of the interests of copyright holders, but also be conducive to promoting the cause of socio-cultural and scientific development and prosperity. Links http://www.hi138.com Research Papers Download