Under Network Environment Copyright Protection Research

With the widespread use of human rights transmitted through the Internet works, performances, video recording products, the growing popularity of digital transmission network makes it easy to use and reproduction of copyright works very simple, which may lead to the infringement of the rights of copyright holders.How to adjust the right people, network service providers and users of the relationship between work and the dissemination of the advantages of both networks, the use of the work to meet the demands of the people, but also truly reflects the protection of the rights of copyright holders, the Internet has become a development must be seriously addressed. Based on the above purpose of the network environment for copyright protection of the study was divided into four parts : The first part mainly elaborated under the network environment the copyright elementary theory, unified the Internet the characteristic the copyright meaning to make the limits to the network environment under: Under the network environment copyright may define as, based on in the literature, art and the scientific domain has the originality and can by some visible form duplication intelligence achievement, has the right legally under the network environment. Then has analyzed under the network environment the copyright characteristic, and briefed the domestic and foreign network copyright protection legislation present situation and to the network copyright protection significance.The second part of detailed elaboration network copyright new right -information network dissemination power. The information network dissemination power, namely provides the work by wired or the wireless way to the public, enables the public to be possible obtains the work in its individual designation time and the place the right. This part unifies the State Council newly to issue "Information network Dissemination Power Protection Rule" the related stipulation, to the information network dissemination power right content, the right limit, the right conflict and the solution measure has carried on the thorough discussion, by the time in the obligee, between the network service provider and the work user seeks the benefit the balance. The third part mainly elaborated under the network environment the copyright right infringement question, including the network copyright right infringement type, the right infringement form, the network service provider right infringement responsibility and the responsibility avoids the question. The fourth part mainly elaborated the network copyright protection system consummation, to in the judicial protection some hot topic, like to the network copyright infringement dispute case jurisdiction determination, the copyright owner status confirmation, the network evidence preserved, the right infringement responsibility undertakes the way as well as the temporary measure and so on proposed own opinion and the view.