Research On Network Copyright Infringement And Legal Protection

What is called "the aim of the law is to balance the interests of the individual and social interests, to realize the combination of egoism and altruism". Copyright law in essence is the interests balance method, its basic meaning is to adjust and implement the relationship of equity of creator, disseminator and user. As is known to all, along with the rapid development of network technology, while people are enjoying the convenient network at the same time, because the virtuality, concealment, uncertainty and the technical features of the network occur the network copyright infringement behavior frequently, expand and deepen the protection and content of the copyright, the traditional system of intellectual property rights by the unprecedented impact and challenges, the network has become a major disaster area of copyright infringement cases of infringement. However, Although there are some issues of legal norms to make the network copyright infringement behavior, such as" the copyright law", "the information network transmission right protection ordinance", "the supreme people’s court about copyright dispute cases involving computer network to explain some issues of applicable law", "the supreme people’s court about violations of the law of information network transmission right civil dispute case applicable provisions", but the network copyright infringement legal protection system in China has not formed systemic specification mechanism, there are still many needs to be revised and perfect. In view of this, the contest based on the basic connotation of the network copyright infringement, through comparison and analysis of the countries and regions outside of the network copyright law protection mechanism, such as the United States, the European Union and Japan,in reviewing the current situation of the network copyright law protection in our country and the existing problems, and think that china should draw lessons and absorb the good experience of network copyright law protection about other countries and regions, formulate special network copyright law, adjust and improve the system of the network copyright law protection. That china should revise and perfect the principle of the network copyright tort imputation, the system of case jurisdiction, the system of evidence collection, compensation system, the collective management system of network copyright law protection mechanism, advocate the conscious of the network moral, formal the self-discipline of the network industry, hope that protect the basic rights and interests of the copyright owner, smooth the protection of national intellectual property strategy, can be quickly and orderly development of network industry in China.