Research On China's E-commerce Copyright Infringement Act

With the rapid development of technology,e-commerce enters into common people's lives and brings new changes to our traddional concept of transaction behaviour in the 20th century. E-commerce is very convenient and makes a breakthrough in district limit.The developing time of our e-commerce transaction market is not as long as foreign countries.The covering space is not as wide as developed countries.Our intellectual property system is not mature.The conscious of people's standing up for their rights is not strong.So the impacts on the intellectual property system are more obvious. Thus many infringement phenomena appear in the domain of intellectual property,which get intellectuals into trouble.Due to the old law of intellectual property, it can't stop the phenomenon of intellectual infringement effectively.So it is very difficult to protect rights of people and normalize transaction markets.Only to our country electronic commerce copyright infringement behavior of accurate and comprehensive analysis and positioning, and can only be better in e-commerce transactions can not only protect the relevant copyright, again not hinder the development of e-commerce transactions activeThis text is divided into four parts altogether.The first part: e-commerce impact brought to China's copyright. First is the introduction of electronic commerce concrete concepts. The definition of e-commerce is varied from country to country,from organization to organization.Some countries and organizations widen its definition.They consider that e-commerce is an activity which covers ordering goods,transction,transportion and after-sale service. According to the condition of our country,we should define it like this: E-commerce serves for exchanging part or whole of electronic data or IT and e-commerce is a deed of goods transction.Judging by the transaction subject,the transaction of e-commerce can be divided into three types.The first type is businessman to individual.The second is individual to individual.The third is enterprise to enterprise.These three types are the basic mode of our country's e-commerce transcation.B2B pattern is many electronic commerce network services most lucrative way. Next to our country electronic commerce mention the impact of copyright law system. Such impact mainly concentrated in two aspects: one is the impact of legal concepts of traditional, 2 it is the balance of interests in law and order is broken. In accordance with the related electronic commerce copyright protection is divided into three categories, namely Personal rights,Economic Rights and neighboring right of copyright.Part 2: China's e-commerce copyright infringement behavior analysis. From the lawsuit of copyright infringement act in recent years, copyright infringement act concentrates on the download of MP3,chaining and the usage of database.This article begins a typical case on the study of infringement act.It is necessary for us to analyse who is responsible for the infringement act in the copyright and how to protect the copyright.The paper also attention to replicate behavior in e-commerce law of the recognition and the digitize behavior of the copyright law, these are that we need to probe into the direction in the future.Part 3: China's e-commerce copyright infringement liability. First are the principal principle tort liability rules clearly. According to China's national conditions, China's copyright infringement liability imputation is primarily, no-fault liability principle under specific conditions apply the principle of fault liability and fault-presuming liability principle. Second is the elements of the copyright infringement liability according to the analysis, determined, China's e-commerce of copyright infringement liability constituents were illegal behavior, damage the facts, causal relationships and subjective fault this four categories. Finally also combines the tort liability law analyzed the network service providers and network users this two kinds of main body the right infringement responsibility judicial cognizance.Part 4: perfect China's e-commerce copyright protection system suggestion. First is an enumerated analysis about e-commerce copyright and related legislation. One of the American the millennium copyright law ", the WIPO (the world intellectual property organization) two "Internet law" (WCT and WPPT), and the European Union are the copyright instruction "greater influence, system today the mature standard e-commerce copyright related behavior laws. In e-commerce in China about copyright law legislation reference and extensions _work_ the European Union and the United States and other advanced the district organization legislative experience, both revised the copyright law, and the trial involving about copyright disputes over computer network applicable law the explanation of some issues "and other relevant judicial explanation, and some local class supplement and complement, but overall lack of integrity and relatively uniform standard, sprawling, its areas in need of improvement is still a lot. Finally to improve and protect our country is in e-commerce to advice. Copyright To protect the copyright need to e-commerce to relevant legal system level from infringement, reasonable positioning from legal level of the system guarantee, and combine the market and trade both parties, from technical measures and strengthen the protection concept consciousness, to make a balance of profit in each side and advance the booming of e-commerce transaction market.