The Protection Of The Copyright In The Internet, And The Related Law Issues

With the popularization and development of the Internet, the protection of the copyright in the Internet has become a hotspot issue. In the thesis, the author discussed new problems appeared in the realm of protection of the copyright in the internet, such as the protection of obligees' economic rights and their mental rights, related technical measures, and the legal protection of rights management information etc. Furthermore, she expatiated on some countermeasures, such as how to reasonably use the right, the responsibility for pirate, and how to use proper laws to protect the right etc.The thesis contains 3 chapters.In Chapter One, the author discussed the new problems appeared in the protection of copyright in the Internet. The key problems include the new challenges faced with the obligee's essential economic rights, the problem in the attribution of digital works, the temporary copy in the process of the transmission on the Internet, the rise and changes of the right of diffusing on the Internet etc. Additionally, the obligee's psychic rights on the Internet should be protected, but its level must be kept on a proper degree. The author discussed that we must properly control the area and the way of protection, although related technical measures and rights management information are new developments in the protection of copyright. We should not damage the public interests.In Chapter Two, the author discussed how to reasonably use the right in the Internet. In order to measure up with the regulations in the Berne Convention and Trade-related Intellectual Property Protocol, China has recently amended some unsuitable contents in the Copyright Law and Computer Software Regulation. However, some problems are not completely solved. Theexplanation of the extension of reasonable use is more strict, because of the development of digital technology, the wide overlaying of the network transmission and the extensive openness.In Chapter Three, the author discussed the responsibility for pirate and how to use proper laws to protect the right in the Internet. In china, the principle of pirate responsibility applies to the non-miss-doing principle, which means strict responsibility principle. The main participants on the Internet includes information sources, intermediate services, and users. They act different roles in pirate responsibilities. As a member of WTO, China should amend its copyright law and computer software regulation to match up with the rules, related to law rescue of the intellectual property, in the TRIPS, and properly adapt the way to rescue the obligee's right.