Challenges to Copyright Law in the Digital Age and Strategies for Dynamic Balance of Interests

数字时代著作权法挑战与动态利益平衡的应对

The principle of “balance of interests” is regarded as the basic principle of law, and this principle is particularly important in copyright law, which has many concrete manifestations in the system of copyright law. By clarifying the disputes between natural law theory and utilitarianism theory on the legitimacy of intellectual property, this paper determines the role orientation of the instrumental value of the principle of balance of interests and explains its legitimacy. With the advent of the digital age, technological progress has brought great challenges to copyright law, such as intellectual property rights protection of data, property rights protection of artificial intelligence products, and the expansion of fair use brought about by technological development, which have broken the original balance of interests, and the solution of these problems should be guided by the value objectives of copyright law. Implement the principle of balance of interests in the new system, build a new dynamic balance of interests mechanism by adhering to the awareness of human rights and building public and private variable areas, so as to cope with the challenges of the digital age.

利益平衡原则是著作权法的基本原则。该原则通过协调个人利益与社会公共利益的冲突，平衡专有权领域与公共领域的关系。随着数字时代的到来，技术进步给著作权法带来挑战，如数据保护、人工智能生成物的产权保护及合理使用方式的扩张等问题，打破了原有利益平衡。为应对这些挑战，需以著作权法的价值目标为指引，贯彻利益平衡原则，通过坚守人权意识和构建公有私有可变区域等方式，建立新的动态利益平衡机制，以适应数字时代的需求。