Research On The Infringement Issues Of Information Transmission Right

The Information Transmission Rights is a new "exclusive rights", which is given copyright holders,performers and producers of audio and video products by Copyright Law of 2001 revision. It was originally in order to meet the needs of copyright protection under the network environment, but the complexity of the network made it difficult to apply in practice. In some Information infringement cases of past few years, the courts always made different decisions under the same circumstance, which has caused great judiciary and academia controversies. The meaning of "propagation of information network" in the copyright law, the constitution of infringement conducts to the " The Information Transmission Rights " , and the identification of the subjective fault are still lack of uniform understanding, which would hinder the protection of copyright and influence the rights balance in a network environment .So, it is of great significance to study the tort of the information network dissemination right for the court to apply and understand the law, and to combat the real infringers to avoid harming innocent people. It is also important for the courts to improve case-handling efficiency and to promote social harmony.The first part discusses the origin,concepts and features of The Information Transmission Rights, explains the meaning of"the public","providing work"and"time and place of personal chosen". The second part is the important content of this article. It discusses the tort liabilities principles and the elements of tort liabilities of information network dissemination right. Principles of fault liability should be the basic principle of The Information Transmission Rights infringement, and the General civil law tort theories should be combined with information network transmission right infringement theories to resolve the infringement problems. The subjective fault of network service providers should be attached great importance, specially about the "should have known" standard .The third part is another important part of this article. The main type and the liability identification of the infringement conducts of Information transmission right are discussed in this part. These behaviors mainly include searching engines, linking service behavior and providing information network storage behavior. This part is focus on the searching engines, linking service provider and the "should know" standard. The fourth part discusses the defenses of information dissemination right infringement, including fair use, statutory licenses and implied license. This part discusses these three types of infringement conducts, and put the "for personal study, research or appreciation, use of a published work" into the scope of fair use.