Study On Copyright Infringement Problems Of Micro-blogging

Copyright is the right which is owned by the copyright holder to control the use of theirworks. In this way, the owner can gain spiritual and material benefits conferred. Impact oftechnology on copyright is self-evident, it can be said that the copyright’s history is thehistory of technology media. As one of the greatest inventions of the twentieth century, thecomputer changed the way of people’s live and study habits greatly. When people areenjoying weibo, they have to accept a challenge which is brought by the new technology tothe original copyright. The copyright issues of Microblogging is a microcosm of copyrightinfringement under the network environment. Microblogging is a social platform of massmedia,with the characteristics of its real-time, sharing rapidly and the rapid spread. It notonly is a tool to realize the constitutional freedom of speech, freedom of information, but alsoa center of copyright infringement. Because the new Media has broken the traditional media’srole as a "gatekeeper", the rights of copyright protected mode, the copyright owner fall intothe "civil tort". How to take advantage of the existing provisions of the Copyright Act toaddress the challenges which are brought by this new technology has become an issue that weshould think about and a central argument in this paper.In this paper, by the traditional model, the author tries to resolve the problem that howthe Copyright Act can be used in this new media, mainly from these three aspects: rights,infringement, remedies. In the right part: the author wants to make a simple introduction onthe microblogging from its produce, develop and characteristics. The author tries tounderstand the problem that whether necessary and possible to make the content of amicroblogging obtain copyright protection, by analysing the components of the works in thecopyright law. In the case of make sure reply on this question, the author tries to discuss therights of the "small work" particularity in the aspect of the subject and content. In tort, thisquestion is divided into two parts, the microblogging platform and outside. In themicroblogging platform, the author summarizes the existing tort performance, based on threemain functions: published, forwarding, comment. The author wants to find that whether suchbehaviors are identified as infringing: posting links containing the infringing works inmicroblogging; forwarding infringing works. At the same time, the author tries to explore thesubstantive and rational basis of forwarding and the answer to the question that whether comment is applicable the fair use system. Outside the microblogging platform, the authordiscusses the problems, whether there are "reproduced", between different microbloggingplatforms and cross-medias.And whether the delete behavior what the manager of Weibomicroblogging platform has done is justified. In relief, facing the plight of public relief andprivate relief, such as the high cost of litigation, the burden of proof, hard to find thedefendant, and ineffective self-help, the author suggests from three aspects, users, operatorsand judiciary, to construct the corresponding microblogging copyright protection measures.The development of any technology has two sides to everything, when people enjoy theconvenience brought by it, they also have to explore legal solution of the problem. As alearner of the intellectual property law and one of Weibo users, the author hopes thatthrough her explorations to make a little contribution to regulate the use of microblogging andprovide legal supports for the development of its Internet technology.