Study On The Network Copyright Infringement

The rapid development of the network technology in the internet age makes great change in people’s life style, and has a profound impact on the law. More and more legal issues need reconsideration in the new network environment, of which most new problems are encountered in the field of intellectual property, where piled-up problems of internet copyright infringement lie in the way of judicial practice. Facing more and more disputes from internet copyright infringement, very few laws can be picked out from the contents and instructions of Copyright Law and Tort Liability Law, leaving many problems in the vacuum of our country’s legislation. All problems mentioned above make it of great significance both in theory and practice to study on the problem of internet copyright infringement.With the practical problems in internet copyright infringement chosen as the study object in this thesis, the legislation theory of internet copyright infringement is interpreted by study method of theoretical analysis, comparative analysis and case study. The vacuum of legislation in internet copyright infringement is identified by studying the issues in judicial practice. By learning from the mature experience of foreign legislation and taking China’s actual situation into consideration, suggestions on improving China’s regulations of internet copyright infringement are given after detailed derivation and analysis.There are five parts of this thesis, of which the first part is exordium.The second part talks about the theoretical foundation of internet copyright infringement. By comparing the internet and traditional copyright, the internet copyright infringement is defined, the features of which are analyzed and the main types are introduced, and at last the derivation is given that the theory of legislation of the internet copyright infringement comes in the same strain of the traditional one. The third part is about the foreign legislation of the internet copyright infringement. After analyzing and collating the foreign legislation, mature experiences are concluded and will be helpful for the development of China’s legislation. The forth part focuses on China’s legislation and practice of internet copyright infringement. The main problems in legislation of internet copyright infringement in China are pointed out by analyzing China’s legislation and combining practical case. The last part gives suggestions on improving China’s regulations of internet copyright infringement by analyzing the existing problems in China’s legislation.