国际信息网络传播权对我国立法影响评析

作品在网络上传播属于一种什么样的权利,权利所有人如何控制这种传播并由此而获得一定的经济利益?这是国际社会纷争多年并未能在各国实践中得以完全统一与解决的问题。我国加入WTO前夕修改颁布的《著作权法》创设"信息网络传播权"的立法取向,比"网下复制权、发行权向网上延伸"及"向公众传播权"、"向公众提供权"提法准确明朗与更具价值,但我国对信息网络传播的定义及技术措施的规定则尚存犹豫与问题。

Comment and Analysis on Impact on China's Legislation by Spreading Right of Information Web Sites

To what kind of right does works spreading on net belong and how does a right holder control the spreading in order to obtain certain economic benefit? This is a problem which has been argued for many years in international society, but hasn't been completely unified and solved in the practice of each country. The legislative tendency of "the spreading right of information web sites" innovated by Law of Copyright revised and promulgated on the eve of China's WTO accession is more accurate, clearer and more valuable comparing with the wording of "the right of reproduction and issue stretching on-net", and "the right of spreading to the public" as well as "the right of supplying to the public". But the provisions of the definition and technological measures of the spreading of information web sites still remain uncertainty and problems.