Study on relevant provisions reconstruction of Copyright Law of the People’s Republic of China based on the rise of emerging communication mode(PDF)
《长安大学学报（社科版）》[ISSN:1671-6248/CN:61-1391/C]
- Issue:
- 2017年02期
- Page:
- 104-110
- Research Field:
- 法学
- Publishing date:
Info
- Title:
- Study on relevant provisions reconstruction of Copyright Law of the People’s Republic of China based on the rise of emerging communication mode
- Author(s):
- ZHANG Lei; LIU Zhen
- School of Law，Xi’an Jiaotong University，Xi’an 710049， Shaanxi, China
- Keywords:
- ; Emerging communication mode; information network spreading right; spreading to the public; legislative path; personalized recommendation system
- PACS:
- D923.41
- DOI:
- -
- Abstract:
- The Three Networks Convergence has led to multiple changes in communication technology, which has promoted the rapid rise of the emerging communication mode. The division of the technological legislative path of "interaction" and "non-interaction" communication cannot completely cover the increasingly emerging means of transmission. The new mode of communication between the two is becoming more and more mature at the moment of the big bang of the information, and it is necessary to respond to the legislative level, so the " Copyright Law of the People’s Republic of China (Revised Draft)" (hereinafter referred to as the "Copyright Law") will continue to regard "interaction" and "non-interaction" as an important guide to legislation. This paper analyzed the features and the differences between "interaction" and "non-interaction", examined the emerging communication mode which is between "interaction" and "non-interaction" and is represented by the personalized recommendation system, and studied the legislative path and concrete practice of China with reference to the relevant foreign legislation. The results show that new technologies such as network and mobile can form the new communication mode between "interaction" and "non-interaction" by collecting historical data and analyzing preferences of users to push the corresponding information. The United States, the European Union and the international relevant laws and regulations regulate the emerging mode of transmission through interpreting and supplementing the concept of "spreading to the public" as well as the technology-neutral legislative path; the definition of "information network communication rights" in China only standards "interaction" communication behavior, ignoring the regulation of emerging communication mode. It should increase provisions about "other acts of communication to the public" to keep status quo on the basis of the original provision of "interaction" and "non-interaction", and then achieve the transition from the existing legal provisions to the "spreading to the public right", which will provide legal support for the sustainable development of the emerging communication mode.
Last Update: 2017-05-23