Research On The Processing Of Network Copyright Infringement Dispute Mechanism By Copyright Collective Management Organization Of China

With the rapid development of internet and digital technology, the binary-coded networkingworks sprang up like mushrooms. With its characteristics like openness、high and newtechnology、interaction、instantaneity、virtuality and so on,networking works could be obtainedand adopted by anybody through any way at any time, and then make it be more easier to beinvaded. The copyright cases of networking works are increasing day by day. However,when theinfringement disputes about network copyright happened, the owners would confront muchhandicap and knottiness when they are trying to protect their rights and benefits. Based on thatsituation, if we could establish this kind of conformability infringement and relief mechanismunder the framework of copyright collective management system, the problem which we havediscussed would be solved perfectly.The first chapter is about analysis and research on the determination of network copyright、characteristics、form of expression、constitutive requirements、doctrine of liability fixation andreasons of counterplea. The research would be helpful to lay theoretical foundation to itsimprovement and establishment of the confirmability of infringement and relief mechanismabout network copyright collective management. The second chapter is trying to induce thenetwork copyright infringement problems through case analysis method in judicial practice, andthrough the network copyright tort relief model of feasibility analysis, then wen can draw theconclusion that the collective relief mode is the best mode of processing network copyrightinfringement disputes.The third chapter is at the view of collecting the network copyrightinfringement evidences and confirming its behaviors,to refine and build the infringementconfirming mechanism. The fourth chapter is on the basis of the current civil legislation of ourcountry on the subject, from the perspective of the network copyright infringement liability,theimplementation of responsibility and compensation distribution to perfect and establish the reliefof infringement mechanism about network copyright collective management.