| Literary works is intellectual property which is protected by copyright law, the most long-lasting legal work which is affected by technological progress. With the development of network technology, network literary works appears, and shows the particularity different from traditional literary works in the propagation vector and transmission route. Network literary works also is different from traditional literary works in reproduction right, propagating right and derivative right. Reproduction right and propagating right change significantly, and derive protected rights about technical measures and electronic rights management information. Derivative work appears new issue that copyright law cannot adjust.Network literary works faces some new situations in the works’ right limitation and usage rules. Network literary works is an extension of traditional literary works in network, rational use and legal license still apply but also need to be improved. As two communication subjects outside of copyright owner, network communicator and Internet Service Provider(ISP) should have greater rights in evading technical measures, literary works secondary transmission and duty of care reducing. In view of copyright owner, building real-name registration system and ISP collaborate protection mechanisms is new usage rules, as that network real-name system is not enough to protect the rights of related works. And clearing special subjects’ usage rules is good for avoiding copyright disputes.Recent years, network literary works copyright disputes cases occur constantly and variously. Sorting out court judgment across the country finds such infringement cases having many similarities on recognized standards. Combined with theoretical analysis and judgment, clear such infringement cases recognized standards and learn from the corresponding provisions of other legislation. Building a complete legal protection mechanism about network literary works identification of infringement and compensation. |
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