On The Network Copyright Infringement And Legal Protection

With the development of network technology and the popularity of the application, thetraditional system of intellectual property protection by the unprecedented impact. Thenetwork has greatly changed people’s lifestyles and modes of communication, people arestaying at home, will be able to quickly understand the events that occur every corner of theglobe. At the same time, the scope and content of copyright protection in the networkenvironment is constantly expanding and deepening, its proprietary nature, regional,timeliness and other basic features of a weakening trend in Internet copyright disputes ensued,a large number of emerge. Although China in recent years the network copyright protectionefforts continue to strengthen, but judicial practice, there are still many problems This articlefocuses on the legal protection issues surrounding Internet copyright current judicial practicejudicial application of network copyright infringement issues, and improve the networkcopyright protection and other issues to discuss.The first part describes the basic theory of network copyright legally entitled to theexclusive rights of its creation of literary, artistic and scientific works elaborated by itsconcept, subject, object and content network copyright network. This chapter focuses on thenew body under the network environment, the basic concept of the service provider and thenetwork service provider network content.The second part describes the problem of online copyright infringement, first introducedthe definition of network copyright infringement, followed by analysis of the networkcopyright infringement infringing object invisible, the infringement main collective evidenceof infringement of the occult and the uncertainty of jurisdiction characteristics such as, finallyI to infringement main object of tort classification, and in turn elaborated network contentservice providers, network service providers and network users three main copyrightinfringement.The third part describes the network copyright infringement liability. First introduced theprinciple of attribution of network copyright infringement of the principle of attribution offault liability principle as a network infringement, but in the case of direct infringement,applies no fault liability principle is more reasonable, and therefore in direct infringement andindirect infringement should apply different imputation principle. Second, the legal status of the network content providers, such as different network under traditional radio and televisionstations, in the case of indirect infringement, applies fault liability, but in the case of directinfringement, I believe that the principle of no-fault liability shall apply. Finally, the networkservice provider also apply fault liability principle, but it should be based on whether best toreasonable monitoring obligations to determine whether they are at fault.The fourth section focuses on a comparative study of network copyright infringementlaws of the United States and Japan. I were involved in the laws of the United States andJapan of the network copyright protection and the fight against network infringementprovisions to be introduced, aimed to give his Stone Mountain into jade, to provide effectiveprotection for our network copyright. The network copyright legislation in the United Statesto go in the forefront of the era, known as the "safe haven Principles for multinational worldlearn, will further increase the liability of network service providers. Different from theUnited States, the European Union copyright legislation to protect the owners to pay attentionto the personal right, in copyright rights transfer more stringent restrictions.The Japanesenetwork copyright legislation coordination network copyright interests in the main, to clearrights restrictions in the network environment, and proposed legal remedies againstcircumvention of technical measures and to change copyright management information.The fifth part of the author expounds the problems and suggestions for improvement ofthe protection network copyright infringement judicial applicable. The first section describesthe legislative status quo of the legal protection of online copyright infringement in China,and China in Internet copyright legislation also made a lot of efforts and explore, andgradually formed a sound legal system, and has played an important in the study of judicialpractice and legal theory role, but still need to accelerate the pace of theoretical studies, toprovide protection for the development of the network industry. Section II describes theshortcomings of our network infringement judicial practice, due to the lag of the entireintellectual property protection in China, leading to the existence of criminal law is notenough protection of copyright laws and the protection of our country at this stage network,jurisdiction is difficult, the burden of proof is difficult, difficulty in enforcement and manyother issues, these issues led to the copyright holders in the legitimate rights and interests areinfringed upon the personal rights and property rights are difficult to obtain effectiveprotection. Section III focuses on perfect our network copyright infringement legislation. Firstof all, I recommend our legislature should be directed to the aforementioned problem, improve the legal system, the full protection of the intellectual property legal interests are notinfringed, as is proposed network copyright crime charges, specify the particular evidencerequirements, improve the deterrent effect of the crack down on Internet piracy. Second, haveappropriate legislation forward-looking, the social development process that will behappening prejudging, make the vision of infringement of legal protection of our network.Again, should develop and perfect the system of collective management of copyright, throughextended collective management "to balance the interests of all parties, to reduce violationsappear, so that works to effectively utilize this management is limited to the copyrightproperty property, and does not apply to personal property. Finally, member countries of theWTO, China should honor its commitment of States to fulfill its international obligations,should draw on international standards of protection in the legislation, to absorb the spirit ofinternational treaties.