The Study Of The Legal Protection Of Weibo Copyright

With the high-speed development of weibo culture, weibo related copyright disputes emerge in endlessly, weibo copyright protection gets more and more concern and attention. The tort of copyright of Weibo is getting more and more serious. In addition in recent years, weibo such emerging cultural carrier face copyright infringement appeared adverse trend of escalation. In the chang of technology in the original copyright system failure and concealment of infringement of rights huge impact, has a more obvious lack of legal protection. Based on this situation, the author of weibo copyright law protection through the research of this subject from weibo copyright related civil and administrative law, mainly as the research scope of civil law field. To the development of new weibo culture provide good legal environment.First of all to define the concept and scope of weibo copyright, and define the concept of microblogging, and can get legal protection weibo need what constitutive requirements. And then analyses the characteristics of the copyright in weibo, including weibo works copyright generated swifter, weibo works copyright of universality, weibo works of copyright content diversity, weibo copyright invaded the high probability of sex. and then establish the perfect legal protection should be paid attention to microblog works, and then from the Angle of legislation and judicature, seek legal protection for weibo works.Legislative protection, the current law in not the systematic regulations on copyright in weibo, and is lack of specification on weibo copyright treaty of self-discipline, coupled with the lack of administrative law protection, not on weibo, collective management system problems, will need to add the weibo in the copyright law and general principles of the civil law of the special provisions, such as increases in the\"copyright law\" microblogging network culture carriers such as copyright of copyright content; In the general principles of the civil law, or add the tort liability act on weibo special imputation principle of copyright infringement; In the weibo penalties of copyright legislation more moderate in tort, this self-discipline system can in under the protection of the law of treaty members form a healthy and orderly. On weibo copyright collective management system sets up a special clause, and in terms of specification weibo copyright collective management technology service system; For weibo copyright licensing model specification, promote legal license and creative Commons license permission model; Specification for weibo copyright technical measures;Judicial protection, due to the current legal provisions on weibo in copyright infringement cases of difficult, weibo, the problem of copyright infringement should not apply the principle of compensatory damages were not properly regulated, should make weibo copyright infringement cases of forensics way diversification, including the notarization of evidence and the service provider’s network forensics. For the network copyright infringement cases punitive damages principle should be adopted. And improve the system of weibo copyright case trial and judicial guidance document, loosen the jurisdiction of the courts at the grass-roots level of intellectual property cases.Establish and improve the weibo copyright administrative law protection, and establish weibo copyright administrative law enforcement agencies.After our Weibo cluture gets the protecion of legislation and judicial, and the powerful and practical administrative law enforcement, and the effective technical measures, we believe that our weibo culture will develop healthly and orderly.