On The Network Copyright Protection Of The Law

This thesis aims at making a research on the copyright of internet works and its civil protection,the author puts forward the tort of copyright and relevant legal problems with the progress of network technique,applies cases and comparative study,from the view of substantive and procedural law,takes some deep discussions on the matters such as to standardize internet transmission,improve the legal protection of internet works and its owners' interests.The thesis consists of five sections.Seeing internet transmission has become a new means in our society,the author puts forward this extensively considered problem about internet works' copyrights and its civil protection.Chapter one treats of the theoretical foundation of internet works.The author stands that we should notice the society objective situations,and make or revise laws to standardize them according to its innate nature characters.The thesis discusses internet works' innate characters,connections with the ownership and differences to the ownership.Chapter two is comparative study-to the protection of internet works' copyright.The author takes a comparative research on legislate and judicature of internet works in different countries and regions.Additionally,the author analyzes the legal protection situations in China.Chapter three sets forth the remedies of substantive law of encroaching on internet works' copyright.As a type of tort behaviors in civil law,it is a confronted legal and technical question to make clear the authors' real identity of internet works.This thesis mainly discusses the tort liabilities and ICP's rights and obligations.As to the principle and means of claiming civil compensation for tort losses,this thesis discusses three aspects.Chapter four dwells on procedural mechanism of civil liabilities of torts in internet works' copyright,judicial jurisdiction problem of disputes existing in internet works' copyright.According to international civil law,to define the conflicts' happening place and jurisdiction court should be based on the prosecutor's CPU location,or the defendant's computer location.Therefore,there are two chief adoptions:the protecting country's law or the original country's law.Chapter five is the end.From the three aspects of judicature practice,inland law and international law,the author puts forward some legal suggestions and feasible measures strengthening to protect internet works,solving the difficulties of international co-operation.