The Comparative Research On The Systems Of Online Copyright Infringement Between China And The U.S.

As the emergence and development of the Internet, the so called the fourthmedium, the new styles of copyright infringement arise. In order to cope with thechallenges of the new technology of internet for the copyright protection,“umbrellasolutions” requires member countries to protect the on-line copyright. The UnitedStates uses distribution right, reproduction right, the right of public performance toprotect the on-line copyright works, whereas China create a new exclusive right–theright to network dissemination of information to protect the on-line copyright.The comparison study of identifying typical network copyright infringementbehaviors provides our country with a new train of thought for our legislative andjudicial practices. Comparative study could supply the stronger legal basis to networkcopyright case judicial decisions, thereby enhancing the legal stability andpredictability. The limitation and exception systems of on-line copyright infringementinclude fair use and statutory license. It should be viewed as the defense of on-linecopyright infringement. It aims at keeping a dynamic balance between the copyrightprotection and public interest. The differences about limitation and exception systembetween China and the U.S. are because of the different value orientations.On the external characteristics of the on-line copyright legal remedies for thecopyright owner, the administrative remedy is extremely limited in the United States,however the civil remedies are provided with the owner mainly. The two countries’legal remedy systems for on-line copyright work are differently. On the basis of therational factors of referencing to the U.S.’s on-line copyright legal remedy system andof network copyright legislation and judicial practice in China, our country shouldstrengthen the civil remedy efforts for on-line copyright, and improve our country’slegal remedy system for the on-line copyright.The protection of on-line copyright and fulfilling public interest are a pair ofcomplementary relationships, and thus the network copyright infringement systemmust be constructed under the pursuit of a dynamic context construction in between.From the perspective of Internet Treaty and the TRIPs, the author studies theafore-mentioned problems by a comparative research method in this thesis. At thesame time, the author explores the theory and instance of legislation of on-linecopyright infringement system, dissects the related judicial cases, and does the empirical and systematic study about the on-line copyright infringement system. Inthis way, as the foundation of the research of the law text, on the basis of the presentsituation of China, the author critiques the legal practice of the on-line copyright fromthe perspective of the legislation and interpretation theory. Thereby the author putsforward the improvement of China’s on-line copyright protection system.