Study Of The Network Copyright Infringement Defense

The rapid development of network, to the impact of the traditional copyright, copyright under the network environment has taken on a new character. Different national legislation related to Internet copyright infringement, while getting network information to the public, there are varying degrees of copyright infringement issues, due to the influence of traditional culture on the one hand, and limited public awareness of abuses, on the other hand is the relevant national legislation is not perfect, there is no clearly defined boundaries of crime and non-crime. Network development and their own characteristics, also increased the difficulty of copyright protection in the network environment, with regard to this, states of the legislative trend is to gradually expanding the copyright owner who enjoys copyright under the network environment to ensure the creative enthusiasm of the copyright holder. Meanwhile, we should also see the other side, the relativity of contradiction. Social public and intermediary of network service provides commercial also have themselves on copyright of interests looks forward to, public hopes full uses social resources, on predecessors of excellent culture to create out more excellent works, which needs to break monopoly of the copyright, and offers a reasonable distribution of social resources. In order to pursuit to maximize the interests, the network service providers will actively build bridge to meet their pursuit of economic target. At this point, we need to give a full consideration to the interests of all parties and to a achieve a state of balance which balances the social public interests and personal interests which makes the network copyright infringement defense arise.Internet copyright infringement defenses were an important means of protecting their legitimate rights and interests of the accused, and limitations on copyright. Copyright legal system was established to protect and limit equilibrium system, is copyright infringement from a copyright perspective study of the copyright system, and research is based on the plea of infringement of copyright limitations on copyright. This paper attempts to start from the network copyright tort status, using the plea of infringement of the general theory, combined with the development of national legislation and practice, discusses Internet copyright defense and development issues. Copyright laws while protecting the copyrights, The reason lies that if the exclusive right of the owner of the copyright has gotten the level of effecting the equal competition of market, it would build up barriers for social public accessing to works so that blocking the free circulation of social sources.