Research On The Copyright Protection Of Micro-blogging Works

Micro-blogging, as a new type of network information transmission platform,has risen rapidly and become the necessary communication tool to the young peoplein the last two years. From the "Tang Jun Degree Event" in2010to "7·23BulletTrain Accident" and the "the Price Battle Between Jingdong&Suning ",micro-blogging which cracks down on counterfeit goods, records the scene and playslive program has successfully penetrated into all aspects of the social life and hasinfluenced the Internet, mobile phones and other mobile digital terminals. Withpowerful media fusion function and avant-garde fragmentized express characteristics,micro-blogging has developed incomparable superiority compared with other media,but also provides unique convenient way to infringement of copyright, thus putsforward more new challenges on the network copyright law protection. There areseveral questions for copyright protection on whether micro-blogging that has beenoriginally made belongs to copyrighted works or not, whether retransmission ofmicro-blogging constitutes infringement or not, or what kind of responsibility shouldmicro-blogging operators take what kind of responsibility. Originality is the premiseof copyright protection for micro-blogging, but in reality, due to unawareness ofcopyright consciousness, disputes which occurred frequently, and lack of real namesigned on the works, the author of micro-blogging works does not know how to findinfringer, despite of weakness of poof of infringement. As a result, infringement ofmicro-blogging works is different from other copyright infringement. At present, ourcountry’s copyright protection laws on networks and regulations related to the rapidprogress of technology and the tremendous development of micro-blogging isrelatively lag behind. Sometimes new things deserve special protection and regulation;however, micro-blogging does not specially and is not properly protected. In view ofthe above, the purpose of this study is to try to find the solution to the problem of themicro-blogging copyright protection.This article is divided into five parts:First of all, Part1will provide a brief introduction to the micro-bloggingµ-blogging works, and explain the feature of them. Secondly, classify themicro-blogging works. After that, the article tries to discuss the components of themicro-blogging works. In Part2, it goes into analyzing the rationality of the micro-blogging copyrightprotection. It will try to analyze from the realistic angle, the labor value angle and theecological angle.In Part3it will examine the difficulties of micro-blogging copyright protectionin practice. First, the content of the micro-blogging copyright is not explicit. Second,it is difficult to define the copyright ownership and make out the identity. Third, toexamine the infringement behavior is not an easy job. And another knot is how to findthe most effective remedy for infringement of micro-blogging copyright.From Part4, examine how the other countries rules deal with such infringement.Take U.S. for example, analyzing the relative law in U.S. and the typical case to findsome useful advice.In the last part, the author will consider the existing jurisdiction rules at first.Then some shortage in applying them to micro-blogging infringement will be seen.Thus, the reform is needed. The most suitable reform option will be stated in this part.