Research On The Infringement Of The Internet-based Information Transmission Right

The development of the technology of the Internet has initiated the renovation of the methods of transmission while copyright has realized the leap from traditional duplicating transmission to digital technological transmission. Those developments have dramatically changed people's life while at the same time brought sharp challenges to the traditional copyright law. The inclusion of both international conventions and national legislation of China of the act of Internet-based information transmission into the system of Internet copyright protection has given birth to a new concept of right of Internet-based information transmission. Correspondingly, relevant tort disputes arose and gradually became a hot topic in the current field of intellectual property right protection.After introducing the general background, current research results at home and abroad and the research methods of the paper, the author raises three questions which cover hot and challenging issues in trial practice respectively by cases and analysis. The first part of the paper relates to the fault recognition issues on the infringement of the Internet-based information transmission right. Based on the specification of the legal terms, the author explores certain specific circumstances under which the Internet service providers are regarded as assisting the infringement. The second part talks about the exemption of the infringement of the Internet-based information transmission right. After discussing the general theory of the safe harbor rule, the author details the standards and application of the safe harbor rule in China. The third part focuses on the compensation of the infringement of the Internet-based information transmission right. The author analyzes the difficulties and existing problems of the calculation of damages and gives relevant suggestions and advice.