Research On Identification Of Network Copyright Tort Liability Subject

All of the characteristics of network copyright accords with the traditional copyright. It is not a new legal issues, just a new legal phenomenon. Compared with the traditional copyright infringement, the network copyright infringement has it’s special characteristics, including the fast spread, the wide affecting range, the serious consequence, the large number of tort liability subjects, the difficult determination of liability subject and so on. The concealed behavior and the difficult determination of infringer are the significant difference. The proper identification of liability subject is the key to handle the disputes effectively.The special characteristics of network copyright infringement made it’s difficult to apply the general tort liability theory to the network copyright tortuous case. The theory of the liability subject determination in the general tort liability theory is can not be used in the network copyright tortuous case. For example the theory of the capacity for civil liability. At the same time, when we determining the liability subject in the network copyright tortuous case, we should consider many complex factors. Due to the above problems, there is still much confusion in the judicial practice. Therefore, we should review the existing theory of the liability subject determination in the network copyright tortuous case.From the relevant legislation and judicial practice, there’s no specific requirement. But it has lay the jurisprudence foundation for us to construct the theory of liability subject determination. America regulations is more advanced in this aspect. The domestic also have related research for reference. Take the tort characteristics as the standard, and analyse the infringement of the iability subject directly or indirectly. Make a type implementation of the liability subject determination in the network copyright tortuous case. To avoid the problems in the judicial practice.