Analysis Of The Tort Of Information Network Communication Behavior

Development of Internet technology, brings us to a network of interwoven world, so many of the works produced a new route of transmission, the impact of copyright protection system constructed in traditional law. Faced with major problems in recent years, the Internet increasingly severe violations occur, how to regulate the dissemination of behavior works on the Internet, thus effectively safeguarding the rights of copyright holders in the Internet environment and related human rights, becomes the current legislative, judicial Solved. For the current copyright infringement occurring on a large network dissemination of information, in order to respond to real needs,China’s Copyright Law in October 2001 revision explicitly put forward the concept of Information Network Transmission Right, so that protection of the right to network dissemination of information He referred to an unprecedented height. This revision is insufficient merely local fine-tuning of the Copyright Law, the definition of this right, the concept and scope is not clear, resulting in the court process to resolve disputes in the applicable law in difficult, hard to fit in.In view of this, in order to compensate for the lack of Copyright Law and loopholes, the State Council in July 2006 formulated the Information Network Transmission Right Protection Ordinance(hereinafter referred to as Protection Ordinance).From a normative content, the laws combined with the latest legislation States, more detailed provisions of the protection system of information network dissemination rights. But there are still not enough prospective balance of the interests of insufficient and inadequate measure of initiative and other defects, January 30, 2013 the State Council made the amendments Protection Ordinance decision, January 1, 2013 the formal implementation of the Supreme People court on the trial against the right to network dissemination of information in civil disputes applicable law Issues(hereinafter referred to as a number of issues). It should be noted, information network transmission right protection system and information network dissemination of tort liability system has been in constantly perfected. Based on these considerations, the paper information network communication behavior infringement determination during the study, will be legislative, judicial and practical problems as the focus of the study.This article will demonstrate in the following logical order. First introduced the concept of the right to network dissemination of information, features and legislation before,and come out through the provisions of the concept of the right to network dissemination of information network dissemination of information act,division.Information network communication behavior carried out in accordance with different body divided into content works to provide a network service provider behavior and conduct, on the basis of tort liability accordingto different subjects divided into direct infringement and indirect infringement, and to determine the Information Network Transmission Right infringement The form of liability.Again, the analysis information network dissemination exception infringement, including fair use, statutory license,implied license and the safe harbor rule. Finally, lack of recommendations for improving existing information network transmission right protection system: the distinction between information network dissemination of infringing the rules infringed the principle of distinction between information network dissemination of tort liability and tort liability, the standard of compensation should be made clear infringement of the right of network communication.