The Environmental Problem Of Copyright Protection In The Network Environment

The rapid development of network technology has brought unprecedentedchanges to our society, and caused many problems inevitably. In the fieldof intellectual property, copyright protection in the network environmentis a worldwide problem which is being widely discussed and debated， alsois very important in legislation and judicial practice. With the rapidadvancement of Internet and digital technology, the lag of the existinglegal system has become increasingly prominent, the traditional conceptof copyright protection is also being challenged fiercely, the number andproportion of cases of copyright infringement in the network environmentare increasing year by year, indicating an urgent need to improve theexisting legal system of copyright protection in today’s environment. Theproblems which is closely related to copyright protection, such asInternet censorship, Internet service providers tort liability and therational use should be carefully considered by the legislators, variousjudges and the uncertainty in judicial practice also makes the need forevery nations to strengthen exchanges and cooperation on this issue assoon as possible, how to balance the interests of copyright owners,Internet service providers and social public is a problem that China andthe world must take it into account in the legislation, theory researchand judicial practice. This paper is based on discussions of concept ofcopyright infringement, and also on the comparison and analysis ofimportant domestic and international legal documents and views, somesuggestions and views is being made to make a contribution to improve thesystem of copyright protection in the network environment.This paper is structured as follows:Chapter One mainly introduces and discusses the basic concepts andfeatures of the copyright in the network environment, as well as theimportance of their protection, through the analysis of the basic problems,laying the groundwork for following text.Chapter Two describes the legislative practice of the United States,Europe and China for copyright protection in the network environment,including《Digital Millennium Copyright Act》(DMCA),《Anti-CounterfeitingTrade Agreement》(ACTA)," three strikes "bill,《The regulation on Protection of the Right to Network Dissemination of Information》and therecent draft the《Copyright Law》amendments，introduces the basic contentof the law，and also discusses some controversial issues.Chapter Three introduces copyright infringement issues in the networkenvironment, including the concept and features of infringement, and themain types and the liability principle of the infringement, also theexception----rational use in the network environment is being discussed,and followed by analysis of three relevant cases.Chapter Four is based on the summary of the foregoing and the nationalsituation, giving some advice from four aspects of the legislative,executive, judicial and other to the copyright protection in the networkenvironment.