Infringement Research On Copyright Of Network Film And Music

Network "has changed the way of work's transmission, and become an important origin of information and amusing. Compare with the tradition, more merits make it be a main digital transmitting way in network film and music, for which can bring more profit. However, this also induces illegal copy, and weakens the owner's control, and causes it's difficult to survey and examine private duplication.It's especially necessary and critical to judge the abuse of network film and music and investigate the corresponding responsibility of copyright infringement for balance between the protection of the copyright on film and music and sharing on social resources the copyright law's ultimately object to. The thesis believes that besides the generality of infringement on online-work, the infringement on network film and music has its specialty. Meanwhile, the relative regulation is imperfect-either aims at online-work or sound and video recordings, especially in detailed rules, and the theoretical discussion on infringement and defense against it is dispersed and the gray region arises in judicial practice.From a new point of view, using the induction , deduction as well as economic-analytical method, this thesis based on the network copyright infringement researches the infringement on network film and music and discuses the correlative legislation on copyright law by combing and comparing the relative theory and regulation inside and outside.The thesis divides into three parts. The first part is to clear out the question's object that network film and music includes all works of film and music on line. The second part is the entire key point. First three basic questions which involve infringement on the copyrightable network video and music by theoretically analyzing: the balance idea, fair use and temporary duplication. Afterwards, the thesis makes concrete to the infringement of network film and music, and carries on the detailed analysis to its content: discussion of the nature of this infringement sending out from the common network infringement; Analysis on the relative right infringed and typical responsibleobject------ISP, and rightful object; Discussion of the mode of this infringement bymeasuring it off two parts. The thesis advocates application of presumed-fault liability to judge the action and fault liability on investigation of atonement. Meanwhile, this part pays attention to three typical deraignment matters. Comparing with inside and outside legislation, the thesis studies the redress to infringement of network film and music. In the last part, returning to native legislation and judicial practice, the thesis thinks that it necessary to clear the criterion of fair use, and exhaustion doctrine and the implied permit can be applied in this field. The rules of redress such as private protection > the digital proof and criminal penalty must be detail. Finally, author hope the opinions and suggestions are benefit for native legislation and judicial practice.