Research Under The Network Environment The Copyright Infringement Question

Internet, which is not new in the21st century, has played a critical role in our daily life. At the same time, e-publishing and e-reading become an irreversible trend. The whole world becomes a "global village", thanks to readily information sharing across the long distance. However, internet is not only bringing advantages but also leading to more and more Infringement disputes, majority of which are copyright infringement. In China, copyright infringement case is not hardly seen during recent years. Network copyright infringement case trial and judgment, as a matter of intellectual property rights and public interests of both sides, becomes the object of widespread concern in social media, public opinion in China.This passage discusses widespread copyright infringement phenomenon in China by analyzing the lawsuit of Shengda Literature on Baidu Documentary. Then, the root causes which lead to this infringement phenomenon are analyzed. In the end, recommendations are provided to enhance the copyright legal system. This passage includes three chapters.The first chapter starts with discussing the background and focus of controversy on the lawsuit of Shengda Literature on Baidu Documentary. After briefly introducing the background and ruling result, this chapter emphasizes on analyzing the focus of controversy on this lawsuit, that is, whether Baidu infringed copyright and whether Baidu’s behavior applied to Safe Haven Principle and Red Flag Standard.The second chapter analyzes the causes of copyright infringement on internet. Addressing the problem reflected in Baidu library case, this chapter firstly points out the gaps or weaknesses of the existing legal regime, and then analyzes the root cause which leads to these weaknesses. Finally, more relevant causes are discussed, such as network copyright attached to the carrier characteristics legal awareness of the related subjects of rights, existing copyright collective management organization and lack of supervision. And then discusses the essence of copyright infringement on internet, that is, the conflict between the innovator and the users of innovations. At first analyzes the common interests between innovator and users, and then analyzes the conflict of interest between the two, finally points out the essence of copyright infringement disputes in the network environment by analyzing the definition of interests of the two in legal system. The third chapter provides suggestions on how to solve copyright infringement. Based on the analysis of the previous paper of this chapter, the author attempts to reform the existing legal system and other related measures to reduce copyright infringement by making a number of specific recommendations.