The Protection Of The Copyright Of Webpage In China

With the development of the technology of network information, the webpage as the most basic resources and technology product in a network environment, has important economic value in cultural and artistic value social. The protection of network copyright also accompanied with the occurrence of network copyright infringement dispute. Nowadays, the protection of copyright of webpage in China is one of the issues related to copyright protection under the network environment that has appeared lots of dispute and discussed very hot in academics. But the China’s current laws administrative regulations and other document have not make clear of the position of nature of the webpage, coupled with particularity and complexity of webpage, which makes academics and practitioners in dealing with pages copyright disputes facing a series of problems, including the problem that whether the webpage belongs to the works protected by copyright, and if it is the works that it can be classified as what kind of works, and how to determine the ownership of the webpage copyright. How to exercise the copyright of webpage, and what is the boundary of the webpage. If we can combine the provision of he existing law, properly address these issues in academic, and building webpage copyright protection system, thus provide a theoretical reference to the judicial practice handling copyright disputes. Then we can achieve the purpose to protect the webpage copyright. The train of thought of this thesis is "ask question, solve the question when analyze the question".The first part is the studies of the web of copyright. First, it makes it clear the object of this thesis, then we analyze and solve the promise issue of the protection of the webpage, that is to say whether webpage can be copyrighted. This thesis argues that because the creative and be copied, with the two attributes and characteristics of the webpage, it can be protected be the copyright laws. On this basics, by combine with analyze of several theories such as "computer theory","document theory","multimedia theory","collective works theory", we conclude the result that webpage is one of the collective works. The second part section discusses hoe to achieve the protection of the copyright of the webpage. First determine the copyright of the webpage, web pages copyright should be vested with the owner of the network or by way of the contract to ascertain its attribution. In determine the ownership of the right issue, explicitly take protection to the copyright of the webpage. Finally, by analyzing the copyright collective management organization s that solve the exercise of the protection of the webpage.The third part is the border issue of the protection of the webpage, that is to say the issue of fair use of the webpage’s copyright. In this part, we discuss the challenges faced by traditional rational use of system in a network environment to establish the significance of the pages Copyright Fair Use System, and proposed a system of rational use to create web pages copyright the idea from a temporary copy of the page in the network; pages use web authoring; personal research, learning to appreciate the use of the three aspects to build Web Copyright Fair Use System.The fourth part of the web of copyright infringement with jurisdiction to resolve the problem pages copyright infringement occurs and how to relief it. Pages due to the special nature of carrier violations and protection of the rights of way, web pages copyright infringement theory sparked a lot of controversy, summed up the the pages copyright infringement and dispute type and clear pages copyright infringement liability, and final settlement of the page jurisdictional issues of copyright infringement. Pages copyright disputes should be "Internet copyright cases where the defendant, tort mainly infringement places supplemented by jurisdiction principle.