| With the increasing development of network technology, information and knowledgewith the big bang comes in the form of the human eye, the internet copyright has been paidattention by more and more people. According to China Internet Network Information Center(CNNIC) statistics report: by the end of June2013, the scale of China’s Internet users reachedto5.19billion, more than26.56million network users than last year. Internet penetration ratewas44.1%, a2%increase compared to the end of2012. As human’s innovation andintellective achievement, through the web, people can get the information the need as soon aspossible. The network brings convenience to human beings, at the same time, it has broughtunknown challenge to the traditional areas, the issue of copyright to bear the brunt. Protectingthe network copyright, fighting the network copyright infringement, building an efficient, fair,impartial, transparent judicial protection mechanism, what have a great significance for thedevelopment of Chinese network copyright, can promote the prosperity of cultural industryand build a healthy network order.In this paper, the author tries to set out from the general theories of network copyrightand copyright protection, to analyze present situation of network copyright, to sum up thedevelopment characteristics and problems, and discusses the network copyright infringementand its judicial remedy. With reference to the relevant legal provisions of European andAmerican, the author would make some discussion on the problem of judicial protection ofnetwork copyright system in China. The discussions would lead to a better understanding ofthe judicial protection in our country so as to make suggestions for the perfection of futureprotection of copyright in network in China. The research into judicial protection of networkcopyright is of great value of improving the theory and legislation of Chinese Copyright Law.In the first chapter, the author tries to introduce the research of judicial protection andthe great significance of strengthening the justice of network copyright protection. Theresearch of judicial protection of network copyright in our country is late, with thedevelopment of the computer and the wideband technology, judicial protection of Internetcopyright always encounter difficulties. It has the great value of encouraging creation,enriching cultural achievements and maintaining the healthy development of the networkorder. And, it also can protect China’s Internet security, protect our national culture, promotethe culture soft power and the international competitiveness of China.In the second chapter, the basic theoretical problems of network copyright would bediscussed. The concept of network copyright is defined as "owners enjoy communicationbased on network works copyright and related rights", compared with the traditionalcopyright in network copyright infringement, and the concept of characteristic form of expression. Network copyright is the traditional copyright in network of two-dimensionalspace extension and expansion, compared with the traditional copyright infringement forms,network copyright infringement in tort: invisible objects, dispersion and extensive powersubject to nonprofit, tort and infringement evidence of occult.In the third chapter, would make a comparison between the judicial protection andadministrative protection. Because China has been practicing judicial protection andadministrative protection of parallel "dual system", the administrative power is too stronghighlights the judicial protection of vulnerable position. This chapter introduces the historicalreason "double track system" formed in succession, in-depth comparison of judicial protectionand administrative protection, the administrative protection to bring adverse effect on thejudicial protection, and judicial protection of network copyright in our country developmentdilemma.In the fourth chapter, was mainly introduced the foreign judicial protection of networkcopyright status. American through the Digital Millennium Copyright Act "" in1998,copyright works on the Internet provides strong protection. In Europe and the United States,judicial relief is the only way to network copyright infringement relief, administrative lawenforcement functions mainly refers to the customs border measures, implementation andTrade Commission in bilateral trade to his plot of country and area serious piracy andcounterfeiting, economic sanctions, usually with trade protection color is strong, and nosimilar measures in China the administrative organ for copyright infringement of fines andother administrative penalties. American legislation on the judicial protection of networkcopyright system, defining tort compensation standards and establish the leading position ofjudicial protection have useful reference to our legislation and judicial practice.The fifth chapter focuses on the related issues of network copyright protection in theprocess of our. Explore the deep-seated reasons of which, is not only related to the lack oflegislation, but also have certain connection defects and poor people’s awareness of law andthe trial system of our country. The author thinks that includes one of the main reasons: therelevant legal jurisdiction of network copyright protection is not perfect, the legal awarenessof copyright protection in network is weak, and our judicial system is not perfect.The sixth chapter puts forward the relevant suggestions to improve the judicial protectionof network copyright in China from two aspects of theory and practice.1. To clarify thejurisdiction of Internet copyright protection thinking and concept, improve the degree ofattention;2. To perfect the legislation and judicial protection of Internet copyright, so the law.Exploration of the judicial practice and the consummation of the include:1. Establishedspecialized intellectual property courts, perfect "three trial a" trial mechanism standards.2. Tofurther clarify the network tort jurisdiction;3strengthen judicial specialization degree,improve the stability of the trial team. |
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