Research On The Copyright Ownership Of Network Literary Works

At the beginning of 2009, I began to concern on the hot public controversy about "anonymous" or "real name" in network after I looked at the topic of network real name system when I looked through the World Wide Web. Then I realized that internet is closely and inseparably related to our life. I often create articles in the internet (I have copied others'literary works and my articles have been copied). It occurs to me that how to manage my literary works in the internet to protect my intellectual property. Thinking for a long time, I decide to research on the copyright ownership of network literary works. In fact, because there are so many kinds of works and their contents are so wide, besides, my ability is limited, I extract network literary works which are the most common, large number and richer content as my objects to research. The outline of my thesis began to be considered in March of 2009. Through my supervisor's guidance and my consideration, my outline was finished in April of 2009 and approved by teachers of international law. During the later period, I observe the tendency of internet, combine with theories and practice, in the way of investigation, comparative analysis, cases analysis and so on, through raising questions, analyzing and solving questions, in the base of analysis of law and practice of our country and at last I finish my research on the copyright ownership of network literary works.The main body of this thesis contains four parts as follows:Part one is about network literary works, through the analysis of traditional literary works' concept, features and representation, I put forward the concept of network literary works. By comparison of American, German, British "originality" criterion, we can get the conclusion that how to define network literary works' "originality" in our country. After illustrate the features of network literary works, I introduce the content of network literary works, including network literary works by processing traditional works digitally and network literary works created in the computer. Then I put forward the topic that is the copyright ownership of network literary works.Part two is about the challenges of the copyright ownership of network literary works. The rules of copyright ownership as follows:copyright belongs to the author if there is no exception, the author can be natural persons, corporation and others. The citizen, corporation or entity without legal personality whose name is indicated on a work shall, in the absence of proof to the contrary, be deemed to be the author of the work. So, the name indicated on literary works is important to the copyright ownership of literary works. But many people don't indicate their names clearly on their network literary works, some indicate their true names; some indicate false names; some don't indicate their names. All above can't lead to ensure those literary works'copyright ownership. Those conditions are not conductive to use of literary works for the public. Besides, many network literary works which are indicated by true names, the people who indicate their names aren't the true authors, some copied others'articles. Many network literary works'copyright ownership isn't clear. The very important thing is that the copyright holders should provide evidences to prove they are authors. What kinds of evidences should be provided? How to provide those evidences? Whether enough evidences should be provided? Should the network administrator help to provide evidences? How to distribute and transfer the burden of proof? All of those questions are premises of ensuring copyright ownership of network literary works correctly. As for those network literary works whose signature unclearly or there is no signature, is the network real name system can be implemented tentatively as a method? They are worth being considered seriously.Part three answers questions of part two. When analyze providing evidences, I put a case. Through the course of trail, readers can understand how to provide evidences and what degree should be proved. Besides, network real name system which is in hot-discussed is a good assumption I think. But it is unrealistic to practice network real name system completely in some areas. Our laws and rules and technology can't guarantee the implementation of network real name system. So, in order to balance the benefits of supporters and objectors of network real name system, the conclusion that "real name" and "anonymous" will go together is my viewpoint. I suggest that network service providers, network service operators and network managers set up several website which implement network real name system, the public choose whether to register or publish articles in the website. This is my simple and rough viewpoint. It needs laws and rules which protect the public's registration information and privacy to implement network real name system effectively and truly.Part four is about the improvement of system concerning on the copyright ownership of network literary works. This part's discussion is from solving questions point of view. After be inspired by copyright ownership collective management systems, I advice that on-line copyright ownership collective management systems should be established. Literary works'copyright ownership will be specific when they under the protection of the system. As for network real name system, I discuss it from the angle of how to strengthen the protection of the public's privacy by legislation. Here I propose the public that they should specify their signatures and make their works registered. Other areas can take examples from Beijing's practice and improve the level of science and technology. At last they can establish digital works'copyright registration platform system in network to meet needs of network literary works'development. In addition, after they create their network literary works, the public can get their copyright ownership certification with the help of Time Stamp Authority copyright protection system.Observing the domestic research on the copyright ownership of network literary works, the research is fragmental and unsystematic. Our management of network literary works' copyright ownership has just started. Several areas establish registration platforms for network literary works, but they have regional limitations. In my thesis, the innovation reflects a series of proof and establishment several real name websites which the public can choose whether to register in these websites. Besides, establishing on-line copyright collective management system and copyright registration platform is my viewpoint. The definition of copyright ownership is the base of network literary works'protection. Our country, related departments and the public should improve laws and rules, enhance network management technology, take the copyright protection as the central task of all. We can protect the copyright of network literary works deeply and widely.