| Today, The world is the network world. Network exsited everywhere all the time. In a certain sense, network completely changed our life style. The network life is becoming a kind of our social life. The development of Internet technology has made work of the production and propagation extremely convenient, at the same time, the fictitiousness and convenienceof network have made copyright problems occur frequently: rational utilization system encounter the challenge of abuse. The internet service providers responsibility identification, the jurisdiction of network copyright dispute have posed a challenge to the existing substantive and procedural laws. Traditional copyright owners hope that the right of traditional works would extend to the internet naturally, the internet vested interests will hope internet rights can get the expansion of traditional copyright protection. Therefore, what followed would be a considerable amount of litigation, which make the Internet copyright protection problems to become prominent.More and More network copyright dispute has its good and bad sides.On the one hand, it reflects the increase of online copyright, more and more active trading, the higher and higher using rate of network works, rising advanced knowledge and faster dissemination of technology. This is good to the whole country and society, will promote the renewal speed of knowledge and get the Prosperity in the science and technology culture career.On the other hand, infringe upon the network copyright is increasing. It shows that China's social copyright protection consciousness is not enough, copyright transaction rules are not clear, which has affected technology culture communication between China and the western countries. It's a bad thing.But, we should also realize that network space is a brand-new space which is different from the material environment, has its own characteristics. Because of the first discovery and contact to the new environment, the limitations of understanding of law rules make network activity are not perfect, but this does not mean that the Internet space activities don`t need follow the rule of law. Facing the development of the network and the resulting copyright infringement, we should expand our own thoughts, adjust the angle to change the traditional analysis of the jurisdiction, and make it conform to the nature of the web, thus could be applied to network, make copyright protection in network environment reflect its social function better: in security holder have lawful rights and commercial return premise, make public used human intellectual achievements most widely, thus making the network in the information age not be diverge from its original purpose: to bring people more resource wealth instead of endless rights disputes and annoyance. This paper adopts the theory analysis, comparative analysis, the concrete content as follows:The first part: network copyright basic theory investigation by using the comparison analysis. First of all, the copyright and the basic concept of network copyright and the main characteristics of Internet copyright will be introduced in order to get the reader a clear understanding of Internet copyright. Secondly, the paper emphasize the international organization, the United States, the European Union and China copyright rules in the network. By pointing out their strengths, the paper leads China's effort and achievement on the protection of intellectual property rights. Finally, the network of copyright protection significance to the state, society and citizens will be described the so as to draw the attention of Internet copyright.The second part: the legal issues of copyright system in china`s the network environment. This will be discussed mainly from three aspects: first of all, the deficiency of our legal system on network copyright protection, the author, by comparing various materials and information, decided to explain three urgent problem: network works "fair use"; internet service providers tort liability and the impact of the Internet works protection caused by the development of Internet technology. The paper will point out the deficiency of current laws and regulations on adjusting above three problem, and will state the reason of difficulties formation and the forms of these problems, and the impact and risk of network copyright protection. Secondly, the paper will describe dilemma of judicial practice network copyright infringement from the perspective of judicial practice, and will point out the challenges to traditional principle of network jurisdiction and the evidence of fixed problems. These questions are all appeared when the copyright owner seek the judicial way to solve the network tort problems in their own interests. The owner of the copyright network works is making efforts to take technical measures to protect themselves from illegal violations. On the other hand, they should also be get ready to take legal weapon ready to maintain their own rights once infringed. The law then will act as the last defenders to its rights. Of judicial practice such as judicial proceedings, because of our legal environment, there are still some problems such as jurisdiction and evidence bothering right holder. The author discusses in detail the reasons of these problems and their harmness in order to let the reader know the importance of solving these problems.Part 3: The construction and development of China's online copyright protection, this section is mainly my own views aimed at the second part of the question. The author will put forward aimly the problems and the opinions on the lack of legal regulations itself to the judicial practice and put forward definite the judgment standard of "fair use" system, determination tort liability standards of network service provider and problems when taking the technical means to protect network works and undertaking notarization network evidence in order to promote the healthy development of network information.Finally, the author believes that China's network copyright protection has made great achievements, but the level of protection is still relatively low. It`s need to be constantly standardized and improved. Also we should be aware that a country's copyright protection level should adapt to economy, society, and technology cultural development level to formulate the copyright protection laws. |
