Blog Copyrights Protection

The Blog is an important web2.0application. It fully explores the network user’s creativity and meets the users’ pursuit of freedom of expression. Thus the Blog space developed rapidly all around the world. Network Information Center (CNNIC) released the29th China Internet Development Statistics Report shows that, as of the end of June2011, China’s Blog and personal space user scale is318million. Blog works content the authors’ personal views and opinions, and their own creations and even current events. The Blog works are full of crystallization wisdom and thinking and the Blog is the new way of rapidly spreading knowledge. The Blog has not only greatly changed what people think of website, but also promote the online intellectual property protection.In China the awareness of Copyright protection is generally not high, however, people has a deep-rooted piracy habit. This has brought many problems to Blog Copyright. Comparing to the traditional works, Blog works have new carrier and manifestations. The Blog Copyright is a new type of Copyright which needs particularity protection. The traditional Copyright laws are not enough in protecting this new type. This article is going to think about how to protect our Blog Copyright from the perspective of comparative law at home and abroad. Trying to figure out the foreign beneficial legislative and judicial practice and what we can do to improve our Blog Copyright law protection system.This article can be generally divided into the following three parts:The first part is an overview of the Blog and Blog Copyright. This section introduces Blog, Blog Copyright, Blog service providers and other related concepts and then pointed out that the problems we are facing in Blog works Copyright protection.The second part discusses the domestic and international laws. First of all, analysis the problems in the law "Information Network Transmission Right Protection Ordinance" and points out that the lack of compensation calculation problems. Then introduces the relevant provisions in the following countries: United Kingdom, the United States, France and Japan. Finally, summarizes what are useful in extraterritorial legal practice, especially in the U.S. Digital Millennium Act and the French strikeouts bill, pointing out what is worth for us to reference.The third part is the recommendations to improve our Blog Copyright protection. First of all, Blog Copyright protection must be achieved by many ways. At the same time we should improve the technical measures. Secondly,"implied authorization" should be cleared in the legislation. Recommendations are also made in improving the method for calculating compensation and judicial execution. Then points out that increasing the civil protection awareness and the promotion of the Creative Commons Copyright agreement are the relevant supporting measures. At last the article implies that there are still some issues should be researched in the future. Such as the RSS problems and how long the Copyright of Blog works should last.The last part of this article concludes that the protection of the Blog works need net only to rely on the perfection of the legal system, but also on a complete protection system.