On The Copyright Protection In UGC—With "Baidu Tort Case" As The Breakthrough Point

The arrival of the digital age， which causes conflicts between thetechnological progress and the legal lag， digital publishing and traditionalpublishing， free communication on the internet and the protection of writers’interest， proposes the severe challenges to the copyright law. With more andmore public creating content and expressing their thoughts， ideas， opinionsthrough the network， the existing of tort in the User Generated Contentbecome a serious problem getting people’s attention from all walks of society.All kinds of UGC tort litigation has become the problem that we have toconfront with in the Internet industry development. In the UGC， networkcopyright infringements have influence on the balance of interest for themulti-stakeholder， such as the generating content users， the UGC presenceprovider and the copyright subjects， etc. Then， it’s necessary to perfectnetwork copyright law legislation， for protecting the interests of all parties，and creating more value. The first part of this paper summarizes the relevantcontent of UGC and network copyright; the second part， with “baidu tort case”as the breakthrough point， draw out the analysis of confusion about copyrightprotection in the UGC， and argue for the value of protection; the third partanalyzes basic theory of network copyright tort in detail， including thespecific performance， the main body， the constitutive requirements， theimputation principle and responsibility types; the fourth part lists thegovernance mode of UGC infringement in the developed countries and regions，and comes up with some legislation perfect plan to network copyrightprotection in China， on the basis of a salutary lesson from the developed countries and regions.