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The Identification Of Infringement Responsibility Of Networks Copyrigh

Posted on:2013-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:D H ZhengFull Text:PDF
GTID:2296330362963899Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of network IT, it is getting more and more convenient to obtaininformation. Network has found its way every aspect of social life. Literary works, musicworks and the copyright of movie works have spread rapidly. As a result, the network and thedevelopment of computer technology enable the production and dissemination of works tobecome convenient, however, characteristics of hypothesis and uncertainty of networks alsobring about the frequent tort of networks copyright.The protection scope and content of copyright are increasingly widen and deepen withthe wide spread of information. Due to the huge economic benefits brought about by Internet,the traditional copyright holders expect the extending of their copyright on line, and thevirtual copyrights do the protection of traditional copyright law. Therefore, the controversy ofonline copyright is on the rise. So how to protect copyright and its relevant benefits of works,plus the balance of benefits between right holders and the public,has attracted the relevantdepartments. It has been discussed below about the protection of copyrights and the benefitsof right holders, based on the reasonable use of networks copyright, to promote the fastdevelopment of internet culture.The methods including theory analysis, comparative analysis and empirical analysis,employed in the paper, are presented as follows:Firstly, the networks copyrights are defined in threes major aspects involving it basic concepts,legal relationship, and the ownership. The basic concept of networks copyrights is definedaccording to its online scope, distinguishing from traditional copyrights; the legal relationshipfocuses on the subject, object and the content of rights; and the ownership of networkcopyrights is finally decided involving virtual works, copyright holders, and the relevantproof.The second part is to explain the formation of network copyright, to affirm the tortbehavior of it, and to protect the author’s right illegally. This chapter includes the illegality ofnetwork copyright, which involves the concept of the illegal act of network, the fact ofdamage, the cause-and-effect relationship between illegal act and the fact of damage as well as the doctrine of liability fixation of liability for tort.The third part is the undertaking of liability for tort of network copyright, which includesthe body, the content, the scale and the ways of liability for tort of network copyright; dealwith the key points of liability for tort of network copyrightFourthly, the defense of the tort liability of networks copyrights is focused here. Basedon three major reasonable situations of use of networks copyright, it discusses the way topromote the development of internet culture under the conditions of protecting networks andits right holders.
Keywords/Search Tags:networks copyright, infringement responsibility, identification, type
PDF Full Text Request
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