Network Copyright Infringement And Protection Of Research

Internet is a totally new spreading media of information, the problem of author's right on the Internet has an impact on our law system of author's right. The thesis discusses the problems of my country' s Internet author's right. The emphases of it point out the infringement problem and protection measure of author's right on the Internet. the thesis is divided into the following three aspects:The first part is the basic theory of author's right on the Internet. The correlative theory, the connotation of Internet works, the object, subject and content of author's right on the Internet are introduced in this part. There is no uniform concept on internet works now, I conclude that it is the digital intellective products which are published, spread in the Internet, and they must be originally creative in the field of literature, art and science. There is also no definition on the object of Internet author's right in our law. I conclude that the object are authors and management of the websites. Our law of author's right prescribes the contents of right of the traditional author's right. I consider that it is effective on the Internet author's right. But in contrast with the traditional author's right, the copyright and the spreading right of information on the internet of the Internet author's right are special. About copyright, the thesis discusses that whether temporarily copy should belong to the copyright. About the spreading right of information on the internet, I think it's a kind of new author's right.The second part is the research on the problem of Internet author's right infringement according to the litigant sequence in law practice. The latest cases in practice were combined in this part. First, I think there are three kind of types about internet author's right infringement. Second, I find a way about the confirmation of the tortuous object status. Third, I point out my advice about the administration of infringement. Fouth, I discuss the problem of electronic proof about proof cognizance of infringement. At last, the accusing principle of infringement are discussed in this part. I think the negligence presumption principle is fit for China.To solve these tortuous problems, the protection research of our Internet author's right was discussed in the third part. I think that both legislative protection and technological protection should be preceded, the legislative protection is the basic and technological protection is the supplement. In this part the international advanced law system of Internet author's right was introduced. The conclusion is that we should take the international advanced legislative experience and perfect our Internet author's right legislation combined with the situation of China. The correlative suggestion was put forward in this part.