BLP

2016/8

Huan Xiong

Regulate Temporary Copy in the New Era for China

Whether temporary copy should be seen as the «copy» in copyright law is a challenging problem. Because of its special characters, it is hard for authorities to make decision. The lack of regulation to temporary copy would damage the interests of copyright owners, infringing their reproduction right, and reduce their profits from the copyright works. But an unconditional ban of creating temporary copy would also influence the public a lot. In U.S., the court would start with the meaning of «copy» in the Copyright Act, which indicates that two requirements need to be satisfied. However, such problem is still unsettled in China. No related regulation exists, while only one case discusses this problem, which is full of criticizes from legal scholars.

This Article proposes an approach to settle such dilemma in China. According to this proposal, temporary copy should be divided into two categories. The one can be used without the help of other tools is independent temporary copy, while the one on the other side is non-independent temporary copy. So the process of creating independent temporary copy should be restricted, unless the copyright holder authorizes to do that.

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