Research On Civil Protection Of The Network Copyright

Along with the development of network, the public greatly open up the way to obtain their formation, they can more and more fully enjoy the convenience which the network brings. However at the same time, the tortious phenomenon of copyright also gradually increase in the network, the dispute about network copyright grows day by day. Because of some characteristic of the network in technology and management, serviceability of the traditional law is limited in the environment of network. Thus, the protection of the network copyright in our country is faced with many new legal issues at present. According to the present legal rule of our country, this article analyses the problem on the legal protection of the network copyright from the angle of the civil law, and proposes some own views to the legal consummation about civil protection of the network copyright in our country, in order to giving some help to the solution of this question.This article is divided into four parts: First part, the type and characteristic of infringing the network copyright; Second part, present situation and developmental tendency about civil protection of the network copyright in our country; Third part, the existent question on civil protection of the network copyright in our country; Fourth part, the suggestion on perfecting civil protection of the network copyright in our country.The first part has first made simple introduction to the network copyright, the concept of the network works is introduced for highlighting the object which studies, it points out three important factors which the network works must have, and classifies the network works according to the different standard, simultaneously, clarifies the owner of the network copyright.After that, the article emphatically analyses the type and characteristic of infringing the network copyright, summarizes the main type of infringing the network copyright, generalizes characteristic of infringing the network copyright. Finally, it points out that it is necessary to establish the perfect system on civil protection of the network copyright, because the type and characteristic of infringing the network copyright gradually present diversified tendency, and the scope of these infringement is also much wider than the traditional infringement.In the second part, the article analyses the present situation and developmental tendency about civil protection of the network copyright in our country. It analyses the present situation about civil protection of the network copyright in our country, according to the "Copyright Law" and the correlation judicial interpretation, emphatically mentions the establishment of the right to dissemination of network information and the legal protection of the technical measure.the formulation of these legal rules makes up the legal vacuum of the network copyright, and provides the legal basis to solve the dispute of infringing the network copyright, and protect the legitimate benefit of the owners. It analyses the developmental tendency about civil protection of the network copyright from the aspects of domestic and international. On the domestic aspect, the civil protection of the network copyright is taken seriously day by day, the system on civil protection of the network copyright will be more reasonable, effective and perfect; on the international aspect, the protective standard of the copyright gradually tends to the international unification, in order to comply with the internationalization tendency of copyright protection, the consummation about civil protection of the network copyright in our country should attach great importance to model and the absorb the international correlation legislation on the base of our national condition.The third part discusses the existent question on civil protection of the network copyright in our country. First, it analyses the limitation of the legal rule about the duplication right, points out that its limitation mainly displays in: First, the definition of the duplication right has some flaw, and can not adapt to the development of the network technology; Second, it has not involved to the question of temporary duplication, along with the development of network, the question of temporary duplication will be highlighted day after day, therefore, it is necessary to clarify the question of temporary duplication. After that, the article analyses the insufficiency formulation about the fair use of the network copyright, it also mainly manifests in two aspects, First, it lacks the discriminate standard to the fair use of the network copyright; Second, it has not determine the scope of the fair use of the network copyright. This makes it difficult to differentiate " fair use " and "tortious use" of the network copyright explicitly, and is disadvantageous to the protection of the network copyright. Finally, the article discusses the existent question on tortuous compensation of the network copyright. Because tortuous compensation of the network copyright is not stipulated concretely and systematically in our law, therefore, it also faces many questions, the principle of compensation, the compensation of spirit damage and the amount of compensation all need to be consummated.The fourth part provides some suggestions on perfecting civil protection of the network copyright in our country. The article proposes the corresponding solution, mainly revolving the related question which the third part has mentioned。First, it puts forward some proposals to the consummation of the rule about the duplication right. That is: First, the existing definition of the duplication right should be revised, referring to the international related legislation, in order to establish a relatively generalized duplication right; The third, considering the benefit of social public, the essential limit should also be stipulated to this kind of relatively generalized duplication right, in order to protect the network copyright effectively. Next, it puts forward the proposal to solve the problem on the fair use of the network copyright, it is that we should establish the discriminate standard to the fair use of the network copyright, referring to the international related legislation; And, we should also determine the scope of the fair use of the network copyright, to do this, we must persist the principle of beneficial balance on one hand, and individually analysis different action according to difference of useable way to works on the other hand. Finally, it gives proposals to perfect the tortuous compensation of the network copyright. Mainly has following several points: First, it suggests using the principle of comprehensive compensation, this both follows the correlate stipulation of the civil law and conforms to the rule about the principle of compensation in the " Trade Related Intellectual property rights Agreement", simultaneously, is also advantageous to realize value goal of the copyright legislation; Second, it proposes the compensation of spirit damage should be used to remedy personal infringement involved in the network copyright, simultaneously, the scope and standard about the compensation of spirit damage should be explicated in the law, in order to really protect personal rights and interests of the owner. The third, in view of the characteristic that tortuous compensation of the network copyright has, it suggests to establish the legal compensation system of the network copyright, in order to solve the problem on the amount of compensation well. to establish the legal compensation system of the network copyright, we must determine the range of legal compensation reasonably in the foundation of following the principle of comprehensive compensation, and decide different range of legal compensation according to the different type of the network works, simultaneously, we should endow independently optional right of legal compensation to the owner of the network copyright.