On Internet Copyright Infringement And Legal Remedy

Information society or information age is pronoun of the new change which people are undergoing. The change was aroused by information and communication technology revolution during the last fifty years. In modern times, even people in developing countries, their life, study and work or even way of thinking are influenced by information and communication technology. The developing of it brings a kind of new media----the Internet. The Internet provides new technology for people and also changes people’s way of life. It even more raises new challenge for law. The authors or relevant personnel of the works spreading on the Internet have rights for works in other media. This right is called "internet copyright". Compared with traditional copyright, it has characteristics of its own. Many characteristics of traditional copyright have been broken through by internet because of its appearing, for example, regionalism of traditional copyright. The network is very complex, so internet copyright is infringed easily. Many kinds of infringements are appearing which raise big challenge to the traditional Copyright Law. The infringements of internet copyright make kinds of legal remedies appear in international and oversea. How traditional Copyright Law is applied in network environment, whether new legal instruments should be drawn up, and these problems are the focus in jurisprudential circle. They are also major issues faced in juridical practice. The author tries to discuss common theory of copyright and internet copyright to explore infringements of network and the legal remedies. At the same time, the legal provisions of the international and western countries should be used for reference. The shortages of internet copyright remedies in China are discussed and suggestions of perfecting are raised to understand the remedies and protections of internet copyright clearly in our country. The relevant legal provision should be perfected to make the internet copyright protect much better. It can promote the development of network enterprise even the whole society.For internet copyright is understood completely and explored, this paper is divided into four parts. In the first part, the basic provisions of copyright and internet copyright are introduced. The fundamental concepts of copyright and network copyright are defined and characteristics and right contents are discussed. The concept and characteristics of internet works are mainly introduced. The internet works is the object of internet copyright. The technical measure right and rights management information protecting right are specific right of internet copyright. They are also discussed in the first part. It lays the foundations to introduce infringements of internet copyright. In the second part, the common theory of internet copyright infringements is studied. The concept, characteristics and forms of internet copyright infringements are discussed. Doctrines of liability fixations are also analyzed. Internet Service Providers’tort liabilities are studied as the major part. The provisions of Internet Service Providers’tort liability in the Tort Liability Law of our countries are analyzed. In the third part, legal remedies of internet copyright infringement are studied. From the provisions of international conventions and treaty and western countries’legal remedies to our countries’are introduced. The legal remedy includes three kinds:civil remedy, administrative remedy and criminal remedy. Three ways are analyzed in this part. It is to be sure that our country has big improvement in the legal remedy of internet copyright infringement. Many legal instruments are drawn up in our country to regulate infringement act on the internet. But it is not enough any more. So many shortages are worthy paying attention to. So in the fourth part, the shortages of three kinds of legal remedies of our country are analyzed and then the perfecting suggestions are put forward. The Internet began in the developed countries such as America and then it spread the whole world. Compared with the developed countries, the information enterprise began later in our country. So the provisions of internet copyright are later than the developed countries. Compared with international and western countries, the provisions of legal remedy to internet copyright infringement in our countries have a large gap. So the regulations and law should be perfected on the basis of national conditions of our country. Meanwhile the experience of western countries should be absorbed and referenced to narrow the gap of international and then maintain the national’s interests much better in our country.