Research On Infringement And Protection Of China’s Internet Copyright

With the rapid development of the Internet, e-commerce and the information technology,the digital works and online communication bring an unprecedented convenient to the users.But at the same time,the internet environment has open,interactive,technical,convenient features,it makes copyright infringement online becomes very simple,convert and low cost,and leads to the phenomenon of is very heavy and varied.That brings a great loss and worries to copyrighters.New problems and features of copyright infringement online take large challeges to traditional copyright laws. In this paper the copyright infringement and protection online as the research object, I reviewed and analysed the problems involved of the copyright online. In the process of my work, I found the shortcomings of our copyright protection online, and tried to present perfect recommendations, hoped make a slightly contribution to the theory researches and legal practices of China’s copyright protection online.The article is divided into six chapters.Chapter1is Introduction, this part introduces why choose China’s copyright infringement and protection online as research object, research status and research methods, etc.Chapter2is Introduction to copyright online, expounds the concept of copyright online, the object and subject of right, and the contents of the right. Copyright owner’s rights in a networked environment is still devided to two parts, moral rights and economic rights, and the economic rights has added new contents. Chapter3is the summary of copyright infringement online,including the copyright infringement’s concept online, the characteristics, forms, and constitutive requirements. Copyright infringement online has the characteristics of technical, covert, global, complex, etc.It also needs four constitutive requirements,including illegal act, facts of damage, cause-and-effect relationships, subjective fault. Chapter4is about finding fault of copyright infringement online, including its culpability principle and the legal liability of Internet Service Provider.They are different according to different behaviors of infringement main.Chapter5introduces the protection of copyright online in our country, expounds the present remedies and existence deficiency and perfect recommendations. A basic remedy system has been made of civil remedy administrative remedy,and criminal remedy. But it also needs to be perpected because of shortcomings on legal system, legislative techniques and some specific clauses. Chapter6is epilogue,sublimate the main ider of the article, reiterate the importance of protecting copyright online.