A Study On The Issues Of Indirect Copyright Infringement

With the development of digital technology, especially the advent of the Internet, the way of copying and spreading works has changed a lot, and thus it becomes very easy to infringe copyright. Also, issues concerning indirect copyright infringement have attracted attention of many countries. The special features of this new type of copyright infringement has posed a challenge to the existing legislative and judicial practice of China's copyright protection mechanism. With a view to establishing indirect copyright infringement system suitable for our country, this thesis, on the basis of learning from foreign experiences and the research results of domestic scholars, conducts a study on some basic problems and systematic problems of indirect copyright infringement through in depth understanding of status quo of legislative and judicial and analysis of drawbacks of the existing provisions in dealing with problems of indirect copyright infringement.Apart from the preface and epilogue, this thesis is divided into three chapters:Chapter 1 first introduces the definition and characteristic of indirect copyright infringement and the significance of establishment of indirect copyright infringement system; and then emphatically analyses the status quo of relevant justice and legislation in our country, pointing out some problems existing in the field of indirect copyright infringement in China;The second chapter makes deep analysis on the reasons of issues existing in the field of indirect copyright infringement. There are two main aspects: one is that the present systems is unable to cope with the problems of indirect copyright infringement; the other is that there are some disputes in theoretical research for the types of indirect copyright infringement, and cognitive deviation on the constitutive elements;The third chapter puts forward some factors that should be taken into account in establishing Chinese indirect copyright infringement system from the perspective of the need of public interests and so on; after a comparative analysis on the legislation and judicial practice of indirect copyright infringement in USA and other countries , this chapter also analyzes and discusses three basic issues pertinent to indirect copyright infringement system: the legislative level and model, the types as well as the constitutive elements.