A Study On The Imputation System Of Infringement Of Copyright In The Internet

Since the 20th century, copyright industry had became the strategic industry of China developed countries and China. To promote the development of copyright industry, China inevitably faced impact brought by the combination of Internet and digitalize of copyright product. Therefore, the study of imputation system of the online copyright infringement has important values of theory and practice. In the view of comparative law, the thesis conducted a systematic study of development process of imputation system of the online copyright infringement. Apart from the preface and conclusion, the article is divided into 5 chapters, totaling about 130000 Chinese characters approximately.The first part is the preface, which illustrates background and meaning of the topic, and surveys the status quo of research around the world, structure and approach will be used by the thesis.The first chapter mainly studies system of safe harbor in the internet. At first, the chapter studies the background before the erected of safe harbor, mainly about the international legislation and predicament brought by absence of law. Base on above research, studies relevant cases and development of safe harbor and red flag principle. At last, generalize problem existed in the executed of system of safe harbor, such conflict of procedure.The second chapter is analysis secondary liability of online infringement about copyright. With approached of peer to peer programs, safe harbor rule turned no use to deal with the infringement which used P2P service. So copyright owner filed a lot of lawsuits against ISP. In united states, the vicarious liability, blindly ignore liability and inducement of liability evolved rapidly. Application of second liability can't utterly resolved existed problem, and produced some new problem need to be resolved, such as fierce conflict among the parties.The third chapter mainly studied of fair use of copyright in the internet.the chapter research the law bases of fair use. Through the studies of legal theory foundation and legislation, to research hot caes about fair use, and turned out it's basic principle of fair use has been widely recognized, the standards of fair use is also increasingly similarity, but criterion for judgement of fair use is too subjective, it's need further study.The fourth chapter researched graduated response rule systematically. After a series of litigation turned out to be no effect, copyright owner began to find new solutions to protect its rights and interests. Driven by copyright owner, copyright owner and ISP gradually turned from confrontation to cooperation. Thus, graduated response system established. Graduated response system is mainly divided into two types, one is lead by non-governmental organisations (represented by the United States), the other is lead by government(represented by the French). As a new rule, graduated response rule has apparent advantages and disadvantages. To implement it on a global scale, we still need to study and to solve a series of problem.The fifth chapter analysed China's imputation system of online infringement about copyright. After a blank stage, China's legislation of copyright also developed with the development of network technology. China's network copyright infringement imputation system also experienced from scratch stages to relatively complex phase. With the development of the copyright infringement imputation system in China, juridical practice constantly improved. But copyright concept is not popular in China, the legislation laged behind the actual need, the balance has not yet formed, such problems still need our concern and further research.The last part is the conclusion of research, on the basis of the research results of above chapters, the thesis found that the characteristics about the evolvement of infringement imputation, and analyzed the relation among rules of liability. At the last,the thesis provided the countermeasures and suggestions to China.