A Study Of Network Infringement In American Copyright Law

This paper systematically discusses infringement of network in American copyright law. With uniting theory with practice, taking the ways of comparative analysis and case analysis, and also considering the methods of positive analysis and dialectical analysis, I have researched infringement phenomenon in American copyright law, and mainly have studied problems of network infringement in the American copyright law. Through thoroughly research and comparison, the network infringement questions have carried on the discussion and ponder in our country's copyright law.The paper is composed of three chapters. The first chapter has conducted the research to general infringement question in the American copyright law. Has cleared about intention of the infringement, we know how to infringe others'copyright through two steps. While has the infringement use, there will have the reasonable use in copyright law. Four non-exclusive factor of the reasonable use in American copyright law is different from the cases of the reasonable use in our country's copyright law. More cases make the principle of reasonable perfectible. Regarding relief of infringement of copyright, there are three relief methods to maintain the copyright person's benefit in American copyright law. The second chapter has conducted the research to infringements of network in the American copyright law. After preliminary analyzing dissemination infringement of network, I have mainly studied three infringement principles of network infringement. The three infringement principle includes contributory infringement liability, vicarious infringement liability and inducement infringement liability. After 2006, as the American Supreme court deal with the network infringement case using the principle of inducement infringement liability firstly, I have carried on the comparison among contributory infringement liability, vicarious infringement liability and inducement infringement liability. There are many infringement problems to discuss, and I have to choose four prominent and important problems to discuss to obtain the thorough understanding of network infringement. The third chapter has mainly studied in the current Chinese copyright infringement of network.《The rule of protection of the right of information network dissemination》is the most effective regulation to protect Chinese intellectual property of network. The analysis of the regulation is the key to deal with problems of network infringement in our country. To analyze some of well-known network dispute cases in our country, we could understand the present situation of protection of network's intellectual property further.The main innovation of this article includes three parts. First of all, it talks about constitutes of intention of infringement and reasonable use deeply, and explains the difference of them through the case in the judicial practice. Secondly, it makes the newest analysis and explanation of contributory infringement liability, vicarious infringement liability and inducement infringement liability. Finally, under the angle of view of infringement of network in American copyright law, it has carried on the newest comparative analysis of infringement of network in Chinese copyright law. What is worth explaining is that it is the first time to systematically discuss the difference of contributory infringement liability, vicarious infringement liability and inducement infringement liability in our country. Meanwhile, we could understand the difference of protection of intellectual property between two governments, through the compare of《The rule of protection of the right of information network dissemination》and DMCA.