Network Copyright Infringement And Protection Of Research

On the open and paperless network, the spread of achievements of human civilization are accelerated. Due to its virtuality and speed rapidness, however, copyright is facing many unprecedented challenges: network copyright infringement occurr frequently. Therefore, how to effectively curb infringement of network copyright and protect legal interests of the authors is the urgent problem. With the slow start in network technology and fast development in populated-netizen China, unsound laws and regulations contribute to the particularly serious problem. Based on the conventions of other countries and relevant international organizations, the thesis deeply explores network copyright infringements and protection issues in ChinaChapter one is about an overview of network copyrights. This chapter focuses upon the basic concept and problems of network copyright. It is a general term of personal rights and property rights that authors and other obligees have in their literary, scientific and artistic works involved in the network environment. As a new form of copyright expression, it covers all rights of traditional copyright and extends new rights, which redefines the copy and expands the object of copyright.The second chapter discusses the elements and manifestations of network copyright infringement. Fundamentally, network copyright infringement is an offense, so it requires the same elements as an general offense, that is to say, illegal, and subjective fault, damage ,and causal relationship between consequences. Because of a variety of expressions, network copyright infringement are divided into three categories in the thesis: the infringement of Network Content Provide, the infringement of Network Service Provide and the infringement of Network user.Chapter three investigates the exclusion of Network copyright infringement. The core purpose of copyright law is to balance the interests of the copyright holder and the public interest, which promotes the progress of human civilization. But in case of protecting the interests of the copyright holder, it will go against the purposes of the copyright law. Thereby, it should be suggested that law confer rights on users and the public to use the network under certain conditions, which forms a certain limitation to the rights of copyright. Such limitations are the exclusion of Network copyright infringement. It mainly manifests the system of rational use and statutory licensing with regard to Network copyright.The last chapter centers upon the protection of Network copyright. Private relief and Public Power Agency are the means of protecting individual interest for authors. Private relief is technical protection measure as far as Network copyright concerned. However, technological protection measure is not so omnipotent that authors have to seek public power relief, including legal protection, judicial protection and administrative protection. But the slow start in network technology and deficiencies in network copyright protection system still exist in China. For example, a large amount of laws, regulations and judicial interpretations on network copyright protection, is lack of systematization. There is a blank in legislation of network copyright crime and etc. For these deficiencies, suggestions are put forward as follows: a "Network Copyright Law"should be enacted as soon as possible, regulating various problems of network copyright systematically; it is also necessary to appropriatly increase types of network copyright crime in order to strengthen the deterrence of penalty and etc.