An Empirical Study On Copyright Dispute In Digital Information Service

With the popularization of internet and the rapid development of digital technique, nearly all works can be online disseminated by the digitized way. Digital information increased so greatly that the digital information service makes the network users gain information more conveniently and freely. The digital technique causes the cost of reproduction to be reduced greatly. The copyright infringement to digital works becomes much easier and more recondite. Therefore, the copyright infringement phenomenon is becoming more and more common.Technology is the catalyst of the development of copyright system. The copyright law under the simulated environment cannot solve the problems of copyright infringement in the digital information service well at present. In order to adapt the new needs of the copyright protection under the digital circumstances, our country revised the copyright law in 2001 and 2010, furthermore, the Information Network Dissemination Power Protection Rule appeared, which is especially suitable to the network environment. However, the current copyright system has relative posteriority to the development of network technology. Therefore, the State Council puts revising the copyright law comprehensively into the legislating plan of 2011. This article aims to summarize systematically of the current Chinese copyright law, and the copyright infringement and the protecting practice of copyright after the Information Network Dissemination Power Protection Rule, which implemented in a certain time. Such a summary is advantageous for us to grasp the character of Chinese digit work copyright protection, which can also provide reference and new mentality for establishing a better copyright protecting system.Firstly, take the Lawyee case database as the data source, to collect and count the copyright infringement from the Digital libraries, the video websites, the search engine service providers, the integrate websites, the libraries and so on; to analyze the type, time distribution of infringement incurred, distribution of case forumcompetens and the ruling from more than one thousand cases; to analyze the current situation of the copyright infringement in digital information service. Secondly, to research the legal status, principle of culpability and the system source that incurring copyright dispute for all kinds of digital information service providers.Finally, to give suggestions for how to reduce the copyright infringement risk for all kinds of information service providers, and propose the copyright management plan. In order to reduce the infringement dispute in digital information service, let the copyright owners, the information service providers, and the network users to create a harmonious network environment together. In addition, to offer revising suggestions for the deficiencies of current copyright protecting law.