The Research On The Copyright Infringement Of The Snapshot Of The Web Page

With the rapid development of information technology today, not only the public enjoy the convenience of getting information, but also trigger different kinds of legal problems, one of the problems caused by search engine. Webpage snapshot as a new technology is developed by the search engine service providers,it crawls in the Internet Webpage through " web crawler ", and saves Webpage copy into the search engine server, when the user input keywords to search Webpage information, search engines can be directly modulate the Webpage snapshots from the server, the user can improve the speed of access Webpage through clicking snapshot. This new technology improve the search efficiency of the Webpage greatly, Webpage snapshot is undoubtedly a useful technology in terms of the development of the Internet. However, the rush of application on Webpage snapshot is greater than the impact of simple settings link on the copyright legal system. Therefore, in practice, how to protect the interests of the copyright owner, how to meet the public demand for access to information for high efficiency, as well as how to guarantee the good development of the Internet, are growing practice problems to be solved in theory and judicial. In order to balance the public interests, the interests of copyright owners and the interests of the Internet industry,this paper choose Webpage snapshot technology as breakthrough point, through the detailed analysis of Webpage snapshot infringe the copyright or not, this paper put forward to some advice to perfect the copyright legal system under the network environment in our country.This paper is divided into four chapters. The introduction describes the background of Webpage snapshot, the operating principle of Webpage snapshot and the theme of the context. The first chapter, an overview of webpage snapshot. This chapter mainly introduces the basic knowledge of web page snapshot. In order to analyze the infringement of the copyright, this paper analyze the operation principle of Webpage snapshot, the legal nature of Webpage snapshot, the advantages and disadvantages of Webpage snapshot at first. The second chapter, analysis on the problem of Webpage snapshot of the copyright infringement. Firstly, this chapter analyzes the main behavior of snapshot operation briefly, the main behaviors are storage webpage copies, page copies available to the public, the storage page filtering images or video files, make the original webpage available to the public, filter some huge video or picture of the original web pages, or display electronic rights management information and so on. On the behavior of a brief introduction, the author will compare the act to the exclusive copyrights, and then focus on case to analyze the copyright infringement problems on webpage snapshot. The third chapter, webpage snapshot copyright infringement defenses. This chapter mainly analyzes the disclaimer of webpage snapshot copyright infringement, namely whether webpage snapshot can be used "cache" safe harbor rules, the fair use rules and implied license to exemption. The fourth chapter, the device to determine the legitimacy of the webpage snapshot of our country. This chapter, on the basis of the third chapter, put forward some advices on how to improve our country’s copyright fair use system and the implied license system under the network environment.