Research On Tort Liability Of Internet Copyright

Internet technology brings a lot of facilities to people's life. Meanwhile, it also brought many new problems to us. Internet has the characteristics that large capacity, rapid reading and low-cost copying. All these characteristics make the Internet copyright infringement very popular, and the author's right was encroached seriously. Therefore, the liability for the Internet copyright infringement has become the focus of Internet era. The emergence of Internet copyright infringement has changed the object and the model of the traditional laws. Through to the careful arrangement of Internet copyright infringing act, this article has investigated immanent essence and outward manifestation, also explored the basic problems and the hot issues of the system of infringement of copyright in cyber environment. On this basis, I have proposed the legislation of the liability for the Internet copyright infringement in our country, which hopes to promote the research of theoretical issues and solve the problem produced in practice.In addition to the introduction and epilogue, the body of this thesis is divided into five chapters.Chapter 1 Definition of Internet Copyright Infringement Act and LiabilityIn the first section, I define the basic intension of Internet copyright infringement. Compared with traditional copyright, Internet copyright has its own particularities. Internet environment weakened three legal characteristics that the traditional copyright had: monopoly, temporality and territoriality. Internet copyright infringement showed the characteristics with influencing globality, methodological technological, tortious imperceptibility and complexity. In order to summarize all classifications that Internet copyright infringement, I divide infringing act into different types and carry on research respectively, in accordance with tort actor, details and method. Along with the identification of Internet copyright infringement, we can learn from the implementation of Korea's Internet real-name system, in the context of the infringer's identity is difficult to confirm, Whether the Internet content is copyright infringement or not, should be based on"three-step infringement identification", and learn from the standard of substantial similarity by "two-step method". Because the reproduction right of the copyright has completely changed by the Internet and digital technology, I make a concrete analysis of the infringement question that temporary reproductions have brought to. In the second section, I have described the definition of the liability for Internet copyright infringement. Proceed with characteristic of the liability for Internet copyright infringement, according to different standards, I have classified the liability for infringement of copyright.Chapter 2 The Value of the Liability for Internet Copyright InfringementIn the first section, I demonstrate Internet copyright infringement by the use of legal philosophy. First, this section has used the labor value theory of property rights, which has been theorized by British thinker John Locke. This theory has offered the legitimacy foundation for protecting Internet copyright and confirming the system of liability for Internet copyright infringement. Second, Rousseau's"social public will"theory has realistic directive significance to the establishment of the liability for Internet copyright infringement. Third, Hegel's personality theory of property rights can also be applied appropriately to the value analysis of Internet copyright infringement. In the second section, the legal economics analysis in the value of the liability for Internet copyright infringement. Through utilizing motivational theory, allocative efficiency theory and the"cost– income"theory, I interpret the rationality and legitimacy of the Internet Copyright Law by the way of thinking in economics, and has offered value analysis for system of liability for tort of Internet's copyright, with the perspective of legal economics. In the third section, the author discusses the value function of the liability for Internet copyright infringement. First, in the eyes of liability for tort, the liability for Internet copyright infringement solved the problem of balance of interests between the copyright owner and the actual user. Second, the Internet copyright infringement liability system has realized the guarantee of the right to the copyright owner. Its final purpose lies in realizing the coordination of social order and freedom, and realizing respecting freedom, maintaining order. Third, the liability for Internet copyright infringement accords with the protection of equality, fair, justice of the law. Chapter 3 The Criterions of Imputation and Constitutive Requirements of the Liability for Internet Copyright InfringementIn the first section, through the analysis of the various doctrines of criterion of imputation of the liability for tort in Tort Law, and combine with the special nature of Internet copyright, which is different from the civil right such as real right, creditor's rights, etc, directed towards the different types of Internet copyright infringing act and methods of bearing infringement liability, I separately analyzes the application of practice different criterions of imputation in tort. The criterion of imputation of Internet copyright infringement in personal rights should be applied to no-fault liability, while the copyright infringement in property rights should be applied to fault liability. In the second section, I have analyzed the constitutive requirements of the liability for Internet copyright infringement. Due to the criterions of imputation is different, the constitutive requirements of the liability for Internet copyright infringement should be divided into two types, property liability and nonproperty liability. There are three essentials that the property liability for Internet copyright infringement requires: the facts of damage, the causation and the subjective fault. While there are only one essentials that the nonproperty liability requires: infringing act or the danger of infringe copyright by actor.Chapter 4 The Compensation for Damage and the Other Methods of Bearing Civil Liability of Internet Copyright InfringementThe compensation for damage of Internet copyright infringement includes: the compensation for damage of property copyrights and the compensation for damage of personal copyrights. In the first section, I have reviewed the principle of compensation for damage of property copyrights, and considered that punitive damage should be introduced into compensation for damage, when the subjective evil character is deep or the damage is serious, thereby protect the copyright owner better. However, while carrying on compensation for damage of personal copyrights, we should consider the particularity of Internet, it will maintain the protection of moral rights at a proper limits. In the second section, the other methods of bearing civil liability of Internet copyright infringement contains: ceasing the infringing act, eliminating the impact and apologizing. According to different types of characters, we should stop the infringement with different forms. With the application of apologizing and elimination of the impact, it should be in accordance with the characteristics of the Internet to create new forms of responsibility.Chapter 5 China's Legislative Design of Internet Copyright Infringement Liability ActIn the first section, the author carried out the assessment of status quo of China's Internet copyright infringement liability act. The existing Internet copyright infringement of our country's civil liability legislation is mainly reflected in the"General Principles of Civil Law","Copyright Law", civil liability of Internet copyright infringement contains: stopping the infringement, eliminating the impact and apologizing. Tort Liability diversified forms of intellectual property rights are partially absorbed on the right to request the results of the content. Our country should be re-carding the specific liabilities, putting the request of the copyright within the framework of the responsibility of the form into the corresponding integrated into copyright law. In the second section, the author made the legislative suggestions of the liability for Internet copyright infringement in China, the suggestions contain that Tort Liability Act in the future and Copyright Law. At present, our country is stepping up efforts to develop the Civil Code. China's Civil Code has been the academic consensus is that the Tort Liability Act should be a separate provision in the Civil Code. While the Internet copyright infringement is an important type of infringement, but in the present, in view of the characteristics of the Internet's development, it is not suitable for Internet copyright infringement liability into the Tort Liability Act in the Code-style norms. Designing the specific legal provision of Internet copyright infringement, the first consideration should be given to legislation convergence between Tort Liability and the Internet copyright infringement liability, then the legislation envisaged in style and structure, and finally focusing on specific provisions.