Civil Legal Protection Of Copyright On The Internet

As the network age comes, the law rule of traditional copyright is being faced with new challenge. On the open and Paperless internet,the spread of achievements of human civilization are accelerated. However,due to its virtuality and speed rapidness,copyright infringement on the internet occur frequently. The appearance of the Internet has changed the works'diffusing method, enhanced the difficulty of copyright protection. The boundlessness and joint share of information of the Internet are challenging the nature of territory and exclusivity of traditional copyright. Therefore,how to effectively curb in infringement of copyright and protect legal interests of the authors on the internet is the urgent problem.With the slow start in network technology and fast development in populated-netizen China,the legislation falls behind the time obviously.Unsound laws and regulations contribute to the particularly serious problem.Based on the difference of copyright infringement between network environment and the traditional environment ,the paper began with an overview of copyright infringement on the internet.Then the paper analyzed the copyright infringement and the relevant legal protection on the internet in China. The paper focus on the weakness and issues of the civil legal prorection of China with the method of comparison.Then, put forward author's suggestions concerning the weakness and issues which was pointed out in chapter 2, from the two aspect of Procedural Law and Substantial Law, with the method of comparison and case analysis.The paper is divided into 4 chapters ,except the introduction and conclusion.The introduction mainly explains the background and meaning of research,the problems as well as the research and thinking approaches.Chapter 1 is about the infringement of copyright under the network environment, including two sections. Section 1 is an overview of copyright infringement under the network environment, from the concept, characteristics and the Constitutive Requirements . The author considers the concept of copyright infringement under the network environment as a unauthorized exercise of copyright without the permission from the copyright owner or obligee related to the copyright, except where otherwise provided in laws or administrative regulations. Compared with the traditional copyright infringement, Copyright infringement has the characteristic of high technology,immateriality,broadness,complexity.Section 2 is about the legal protection of Copyright on the Internet in our country.which were summarized in three aspects of and make the copyright violations on the network environment, the legal protection of the civil legal protection, administrative legal protection, criminal legal protection.The chapter 2 is about the analysis of copyright infringement under the network environment in China, and points out the problems about the civil legal protection of copyright on the internet. According to of the different infringed object ,The author devided the copyright infringement under the network environment into two types the copyright infringement of the Internet users and the copyright infringement of Internet service provider,and studied the concrete forms, the civil legal protection of these two types respectively, pointing out the weaknesses of China's current relevant legislation. Refer to the copyright infringement of the Internet users ,the paper focus on Jurisdiction and collective management of copyright;Refer to the copyright infringement of Internet service provider,the paper focus on the Infringement Liability,rights and obligations of Internet service provider.The chapter 3 is about the civil legal copyright protection on the Internet environment of foreign countries,such as American,German,EU,Japan , etc.,based on chapter 2,with the method of comparison. The civil legal copyright protection on the Internet has caused many developed countries and the world intellectual property organization's attention. The paper analyzed the legal provisions ,which related to Jurisdiction and collective management of copyright , Infringement Liability,rights and obligations of Internet service provider in these foreign countries.The chapter 4 are about the author's suggestions for civil legal protection of copyright,concerning issues which was pointed out in chapter 2. Based on the analysis in chapter 2 and chapter 3, chapter 4,the key section, put forward author's suggestions concerning the weakness and issues which was pointed out in chapter 2, from the two aspect of Procedural Law and Substantial Law. About Procedural Law ,the paper point out that appropriate improvement should be made in traditional jurisdiction rules. About Substantial Law,the paper suggest that China should establish a sound competitive copyright collective management system.About the doctrine of liability fixation,the author suggest that the Internet Service Provider should be classified by the different legal status and function.And then,according to this classification and respective characteristics,the paper analyze the doctrine of liability fixation respectively.