Disscussion And Analysis On Legal Issues Of Webpage Copyright

This article conducts a series of reasoning and researching on whether webpage has the copyright, the way of webpage legal protection, the webpage copyright ownership, as well as the webpage rational use; with vigorous development of networks, this article is for the purpose of appropriate orientation of the webpage in the legal system, then to provide perfect legal protection to the webpage. This article altogether has three major parts, in the foreword, the author introduces simply the webpage tort and the present situation of law protection, introduces the disputes and the theoretic researches.The webpage has copyright. The webpage belongs to the works, it meets the works copyright protection condition not only in form but also in substance. In form: The webpage is one kind of intelligence achievement, with maker's intelligence labor; The webpage belongs to the literature, the artistic category; The webpage is the way to express thoughts and sentiments, not thoughts and sentiments themselves. In substance, webpage has originality, the webpage is completed independently,the webpage is the result of the author's creative intelligence labor, manifesting the webpage maker's individuality;The webpage may be duplicated on the line: The webpage both may be deposited in the www server hard disk, also can be printed on the paper; This main page can upload by the human through the www server to the internet while maintaining the stable state, may be contacted by the social public with the aid of the networksing computer, which explains the webpage has the character of duplicability and dissemination.Our country webpage legal protection must be the comprehensive legal protection. Many countries have conducted researches on the webpage intellectual property rights protection, attempting to integrate the webpage into the existing intellectual property rights protection system, to protect the webpage from the multi-sides, the multiple perspectives and in multi-levels, including whole webpage protection and constituent protection, copyright protection and related power protection. In the academic circles, the ownership of different webpage types has several kind of theoretical viewpoints, but all similarly in bitter experience: to establish a new protection way to "the webpage" works, is by no means possible, but in the risk of being obsolete, and impacting the existing copyright protection system. "The sub-item" is to protect each constituent of the webpage, although this is correct in logic, yet not necessarily feasible in reality, because in actual lawsuits, the copyright lawsuit bodies are numerous and in disorder. To protect under the original copyright system will not change the system condition, but makes certain adjustment to the original system, which is unsatisfactory, in detail it includes webpage ownership and computer program, however it is only the integration...