Legal Issues On Tort Liability Of Network Copyright

Internet, the rapid development of the computer is rapidly growing popularity of the Internet has become one of the most important external information communication and means of access to knowledge and information. Have a computer network based on Internet information-rich, quick transfer and dissemination of a wide range of modern information society, which is a traditional society can not be compared. Cyberspace works copyright protection purposes and in real life is the same, it is still legal relations caused by the network works to be able to adjust in the virtual world under the conditions of the new computer network technology. At the same time, the computer network technology in an unprecedented way to change information dissemination, copy speed and frequency of the mode of transmission caused by work, the protection of the rights and limited Infringement and tort liability to determine a range of issues. Further exacerbated by the conflict between the rights holders of the network works. Therefore, in-depth study on Network Copyright infringement liability, with extremely great theoretical and practical significance.There are three parts of this article:introduction, body, and conclusion.The introduction will briefly describe the background and the significance of the thesis; the current research stage under both domestic and abroad legal system, the research methods, content, as well as innovative and deficiencies.The body would be divided into four parts:The first part:The network works Overview network works the basic theory of the fundamental rights of the copyright holder is briefly described. This part of the first defined the concept of the network works, characteristics, scope and classification, followed by analysis of the constituent elements of the network works and the network is not protected works. And finally focuses on the rights of right holders of the network works. Network Copyright infringement disputes can not be simply the mechanical application of traditional copyright the copyright holder’s rights content, attributable to the way, therefore, should conduct in-depth study of the rights of rights holders of works from the analysis of network shows.The second part:Tort and Liability Determination on Network works Copyright will concentrate on concept of copyright infringement, tort on network works, characteristics of tort conduct as well as exceptions, and great attention would be put on the constituent elements of the Network works Copyright infringement. The author wants to draw pubic attention to certain issues on the Network writing Copyright tort. This is the major part of this article.The third part:Remedies for tort of internet works in Light of Foreign Legal System, the author will refer to international treaties, the relevant regulations under both United States and German legal system and finally try to find the answer to what China can learn from those foreign liability enlightenments.The fourth part:the Deficiency and Improvement of Current Network writing Copyright Tort Liability Protection System, an overview of current legal system of Network Copyright legislation would be given in this part. By case study, the author would illustrate the status quo of judicial practice in China Network Copyright infringement liability and try to find out the weakness of copyright infringement protection system. Practical measures will be supplied in order to cater to current demand with the hope to perfect the current system.The author finally entered the conclusion that results that the network works copyright infringement is currently demanding further research and exploration. Under a network environment, the balancing between the network works, network works users and network services provider can not only strengthen the international exchange of the tort liability of the network works, but also promote the network Copyright infringement regulation, and the harmonious and orderly development of network works.