Copyright Protection Under The Network Environment

Seven respects of copyright protection problem under internet circumstances are discussed in the article. First, the category of copyright under internet circumstance is introduced; Second, comparison and distinguish for the related copyright behavior have been made under internet circumstance; Third, three restrictions of fair use, legal use and implied permission are considered to exist in copyright under internet circumstance; Forth, the internet copyright infringements are classified to three forms by the author; traditional style infringing upon internet style, internet style infringing upon traditional style and infringements among internet styles. In the infringements among internet styles, three circumstances of web page plagiarism, hypertext link and reprint on internet are analyzed emphatically. The fifth is to probe into the infringement responsibility of internet service provider; ISP and ICP; Sixth, three paths for protecting internet copyright are discussed; technology measure, organization step and legal way. The paper analyses the dual character of technology measure, an effective way of private relief; reasonableness and interference with public rights. Establishing collective administration organ of copyright is considered a good way to solve the problem of centralized authorization to scattered internet works. In the part of discussing legal way, not only relative rules of substantive law are introduced, but also the difficulties we may meet in internet cases are analyzed, such as law selecting, subject affirmation, confirming of court jurisdiction and the acquirement of electronic evidence; The seventh is to analyze the imperfections in current internet copyright protection, three aspects are mainly discussed; the lack of legislation (one is no definite rules about database protection in Copyright Law, the other is the lack of regulations to the applying of technology measure),the low quality of judges and the poor ability to execute law, the light consciousness of people to internet copyright. And the author puts forward his own improving opinions about it. In the end, the author points out that although great achievements have been attained in internet copyright protection, we must recognize it is in low level at present China, and it should be standard and promoted continuously, as well as we must realized clearly that the copyright protection level of one country should be adapt to his development level of economy, society, science &. technology and culture. We shouldn't always compare to the standard of America or Europe blindly.