The Copyright Protection In The Internet

Since 1990s,the developments of technology on computers and satellite communication promote the Internet to become a new important economic field. The traditional owners of copyright hope to extend their original rights to the Internet, because of the giant interests existing in the Internet; on the other hand, the owners of vested interests of Internet want their interests obtained from the Internet to be protected as the rights of copyright in the traditional economic field. So the problem to protect rights of copyright in the Internet becomes outstanding. This thesis suggests that the transmission rights of digitized works of the traditional owners of copyright in the Internet should be established in law, and Internet service provider should assume auxiliary liability for tort in the InternetNetwork copyright, mean copyright that work had under the environment of network what law protect. The copyright of the network as to traditional copyright, in legal quality, laws are later than the relevant judicial practice to the sureness of the copyright of the network; In monopolizing nature, the network works need to make the new license system and make the new remuneration standard of copyright; in region quality, the region quality of the traditional copyright is wavered.The digital transmission of the works, mean behavior that does not change the content of the works, offer masses characters (including the computer program), fine arts, figure, photographing, film and music, etc. through the network (including the office land network) after the digitalization of the works, and make aforesaid work exposed to masses in free time and range. Digitalization of Traditional works change only exhibition and regular form of works and have not any influence over duplicating nature and originality in works. For this reason, network information on magnetic disc of medium, such as works possessing essential and important document, it forms works protected by Copyright law.Besides, the Neighboring Right of the digitalized works is the object that Copyright law of our country protects.For protecting author go on the right, the tendentiousness solution is to confirm it a kind of way of using the works to transmit the digitized works on network. Author enjoy right that have especially to their network digitized works, namely network transmitting rightThe copyright legal liability of the facilitator of the network (ISP and ICP), mean when infringe the transmitting right of digitized works of the network on the network, the copyright legal liability that the network facilitator for offering the network in implementation of tort should bear. Having legal obligations is the key of the facilitator of the network bearing responsibility to their content of spreading. The copyright tort of the facilitator of the network has formed auxiliary tort of the copyright.Asserting to fault of facilitator of the network, the author inclines that fault responsibility principle suit the indirectness tort of the service provider of the network. If Facilitator already do their essential attention obligation, their don't bear responsibility but should return its profit-making income to the obligee .In revision case of our country Copyright law, we should confirm it a kind of way of using the works to transmit the digitized works on network. In network copyright protect yet on legislating, we necessary set up a set of judicial system of protecting the copyright of the network by making judicial explanation and legal precedent and quoting the existing regulation. Setting up administrative rules that protect to network copyright, it meets development of technology in a flexible way and effectively meet the need in the future.