Research On Copyright Infringement On The Internet

The basic purpose of copyright protection is to encourage intellectual creation, to make literature, art and science prosperous. To attain that purpose, the system of copyright is always developing along with the spread of diffusing technique and diffusing methods. In recent years, the swift and violent development of network technique have changed the diffusing method and speed of works, as well as extended the scope of diffusing works. It doubtlessly enhances the difficulty of protecting copyright and determining the copyright infringement. It also causes investigating and fixing legal liability more complicated than before. Traditional copyright system's facing the unprecedented test and challenge. To face up to this kind of challenge, it is necessary for us to develop and perfect the traditional copyright theories by all means.In fact, copyright on the network concerns not only encouraging creation and prospering science and culture but also developing the network commerce and the whole information industry. We should deeply study that problem. Because it is significant for us to perfect our infringement theories, widen the realm of IP research and promote the development of IP course. Meanwhile, it does good to settling the problem of that kind by offering realistic theories for our legislation and judicial circle. Until now, the western scholars study more on that problem than ours, but a part of national scholars have paid attention to it. However, their research is neither systematic nor profound particularly on problems such as how to determine the network copyright infringement, how to realize the benefit equilibrium of copyright system under network environment, and how to guard against and remedy copyright infringement, which it's involved in not much. The article's guided by the copyright theories and the traditional infringement theories and its main clue is the determination and preclusion of network infringement. The author sets out from the present conditions of the copyright infringement in our country, draws some successful experience from abroad, goes on making a complete and systematical study on some basic theories of network copyright infringement, including some specific steps: such as the standard of establishing the copyright infringement on net, concrete manifestation, the doctrine of liability fixation, the exception of the principles and the precautionary measures and remedy for copyright infringement.