The Tort Liability Analysis Of Internet Bar’s Right To Dissemination Of Information

Since the1990s, the emergence of the network technology implied that human accessed into the information age. The works spread among people more conveniently and quickly by the network technology. But it also broke the balance of interests between the copyright owners and users. The copyright specified reasonable use and copyright accredit way have been a great challenge.Internet bar which is the public culture entertainment and information query institutions, not only brings convenient for the people’s life but also brings a lot of negative influence. One of the most prominent points is more and more movies and TV producers prosecute internet cafe for violating their legal work rights and interests.In this paper, the case analysis method had been used, and the theory and practice of the right to dissemination of information had been researched roundly. Then, some opinions from the angle of legislation had been put forward. The main contents are as follows:The first, the case which Beijing netmovie transmission limited company prosecuted the right to dissemination of information infringement dispute of Lanzhou dream network club had been analysised. The case which Beijing netmovie transmission limited company prosecuted changsha explorer internet cafe’s copyright infringement and the case which the company prosecuted the right to dissemination of information infringement dispute of chongqing pearl internet cafe had been comparative analysised. How to define the information network dissemination acts had been discusses. And then the reasons that network links behavior do not constitute a information network dissemination acts had been analysised.The second, the behavior that internet bar spread film and television works under different conditions was determined.Internet bar play the movies with accessing the local area network mode was thinking as rechtswidrigkeit. But with the Internet mode, playing the movies by software broadcast movie was deemed to legitimacy. The third, this paper analyzed the legal basis and components of tort liability of internet bar in the process of information network dissemination. The relationship between the internet bar and movies’ sources provider was studied in the way of civil liability. And then the assumeing form of responsibility for the internet bar’s right to dissemination of information was expounded.Finally, the paper probed into the legislation of innovation and shortage for the present right to dissemination of information. And the thinkings and suggestions for the protection of the right to dissemination of information from the angle of law were worked out.