Legal Protection Of Network Copyright

The legal protection of network copyright, is produced with the development ofinformation and network technology. The traditional protection system could not work as itdesired when facing the new copyright infringement form, the network copyrightinfringement, which was generated from the network environment, varying from minute tominute. China is no lack of relevant provisions of indirect infringement of copyright, but theseprovisions are scattered in various level of laws and regulations, the lack of systematic andcomprehensive, the construction of China’s basic national conditions of the complete works ofimminent power indirect infringement system. In the first part of this paper starts with theanalysis of the right of indirect infringement of network copyright, lead to network serviceproviders under the network environment, how to break the balance of interests between thetraditional tort environment copyright owners and the public, Then, by analyzing thedevelopment and present situation of network copyright indirect infringement, a briefdescription of indirect infringement of network copyright from the beginning of the outcroptemporarily pointed to the later with the development of technology and become a trendwhich cannot be halted, the law’s shortcomings of the lag fully exposed, caused greatobstacles to safeguard the rights and legitimate interests of copyright holders and maintain thebalance of interests between interest bodies in the judicial practice. The second part, thenetwork copyright indirect infringement and recognized standard are analyzed in details, theIndirect infringement of copyright can be distinguished to help expand the consequences ofthe violation behavior, license tort, the analysis about the judgment standard of tort mainlyfrom the safe harbor principle, red flags, substantial non infringing use principle threeprinciple in detail, combined with the January1,2013implementation of the "informationnetwork transmission right of judicial interpretation", further defined at the legislative level inour country as the indirect infringement of network copyright attention, is mainly reflected inthree aspects, the first is the first scientific division of direct infringement and indirectinfringement, second is the standard Determination of indirect infringement specific design,the third is the indirect infringement,which is further divided into contributory infringementand vicarious infringement. The third part of the indirect copyright infringement began toelaborate network of legal protection system, first analysis of the main common law countries and continental law system countries that the indirect copyright infringement in the networkof legislation and judicial protection mode, the indirect infringement of copyright protectionsystem has been developed in Britain and USA perfect compared, at the same time from threedimensions, civil, administrative, criminal,protection of the of the indirect infringement ofcopyright protection system are described, provides some enlightenment through the systemat home and abroad are compared: our country should absorb the beneficial part of the Britishmodel and American modes respectively, combined with China’s copyright field theory andpractice development and realistic requirement, construction of indirect infringementprotection system in accordance with its own national conditions of the network copyright.The fourth part is about the network copyright protection system and perfect the deficiency ofthe indirect copyright infringement, first, summed up the deficiencies in China’s existingnetwork of indirect infringement of copyright protection system from three aspects, indirectinfringement mainly embodied in the lack of systematic protection system for specific tortrelief, the related concept and specific indirect infringement determination standard is not yetclear, relief measures need to be perfect, and perfect Suggestions are put forward, the first isthe copyright indirect infringement liability of independence, independence highlight theindirect infringement of the torts liability, the second is specific indirect infringement, thespecific America works copyright legislation and judicial precedent right indirectinfringement and its judgment standard, to enrich our indirect infringement of copyrightprotection system content; finally is to perfect the indirect copyright infringement reliefsystem, from the legislative level, realize the comprehensive protection of indirect copyrightinfringement.