Study On The Path Of Copyright Protection Against Nonprofit Network Copyright Infringements

Nonprofit network copyright infringement is rampant on the network. Infringerdo their unlawful act against copyright law such as spread work illegally, translate foreign work without permission, crack video games’copyright protection techniques, fan work without the purpose of benefits on the network all belong to nonprofit network copyright infringement which is a globally problem. Even in the developed countries, the strengthen of legal responsibility and copyright associations’huge compensation lawsuits can not solve this problem. In mainland China, we lack influential case and study of nonprofit network copyright infringement.This paper is about searching the path of copyright protections which against nonprofit network copyright infringements. If the path of copyright protection is not practical, then the study of copyright protection, construction of copyright law system and implementation of specific copyright protections will all fall into chaos. Traditional path of copyright protection teaches people to protect their copyright for the right itself. Whether a kind of copyright protection is effective or not depends on its effectiveness of protecting copyright from violating actions. However, nonprofit network copyright infringement is a problem which tradition path of copyright protection can’t deal with. This kind of copyright infringement reflects the direct conflict between general public and copyright owners on the use and spread of work on the internet and it’s driven by utility not pecuniary benefits. Nonprofit network copyright infringement comes up with the question of keeping the balance between costs and benefits of copyright protection which tradition path of copyright protection can’t offer an answer. WE need to find a new path,the core factor of which is interests, and judge an action by its effect on actual interests of copyright owners and guides people to protect copyrights when the actions can promote or keep the increase of social total output. The new path will give proper and useful guidance to right activities and institution construction.This paper uses knowledge of economics of law especially Coase’s thoughts.The influence of copyright protection on total social output is key point to this paper. This paper mainly consists of three parts:the analysis of cost and utility of the non-profit network copyright infringement, the new path of copyright protections against nonprofit network copyright infringement which based on the study of the former, operability testing for this path. First part expounds supply of utility and the decrease of costs of nonprofit network copyright infringements and the failure of tradition path in solving this problem. Second partexpounds the unbalance of interests distribution of copyright system and mechanism of private and social copyright protection from the economic rationality perspective to support the legitimacy of new path on the theory. We uses new path to analyse and improve our schemes to protect copyright by legal responsibility, market mechanism,culture and fair use to prove the operability of the new path.