On Compensation For Network Copyright Infringement

The infringement on network copyright is a new kind of case. With the high-speed development of the internet technology and the traditional paper media being broken through, the digitized works begin to widely spread. Due to the convenience, fast-spreading and low cost but high quality made by the digitized technology, the ability of controlling, spreading and changing the works has been improved, accompanied with the influence and the challenge of the institution of the traditional intellectual property. In such a case, our country's"Copyright Law"promulgated in 1990 can not adapt to this new situation, and the newly promulgated""paid much attention to the network copyright infringement, but it is still of some deficiency. So this dissertation intends to explore this new juristical problem.The article firstly puts forward to a basic principle based on the introspection of jurisprudence, which means that the public factors should be taken into account. Based on this fundamental principle, the article tries to re-interpret the copyright institution. Then the article turns to the analysis of the uniqueness of the network copyright, and its challenge to the traditional copyright. And then the article will analyze the network copyright in a category, which shows the differences of the infringement of network copyright and the different principles to solve the problems belonging to the different categories. According to the structure above and the basic principle of the tort law, the author tries to design the rule of damage compensation for the infringement on network copyright and the systematically. The infringement of network copyright should be based on the intention, while apply to the strict liability exceptionally. The author also hopes to put forward a legislature suggest of a matter of principle after criticizing the statue in China, with the quoting of TRIPS and other countries examples, in order to improve the legislature of our nation.The text steps in a new field, while the structure of analysis still stays in the conception jurisprudence, since our nation belongs to the civil law fundamentally. However, the text will explore in the new field, hoping to provide a new perspective for our copyright and even the intellectual property institution.