Research On The Micro-Blog Copyright Protection

There is a kind of hidden tension between the progress of technology and the protection of copyright. The emergence of micro-blog makes this relationship clear. With the development of micro-blog, the related copyright issues start to appear. We need to think about these questions: whether the content of micro-blog can be defined as a work, how to identify the copyright infringement, and how to protect the works of micro-blog. The research of the copyright protection method of micro-blog should base on the interests of the right owners, micro-blog service providers and the work users. Therefore, this paper takes the micro-blog works as the research object, discusses the related issues of the copyright of micro-blog works, and attempts to provide advices for the copyright protection of micro-blog works.In this paper, the related concepts are defined firstly, based on which the related issues of copyright infringement of micro-blog works are analyzed. The issues include the forms of infringement, the recognized standard of infringement and the exception of infringement. And then, the paper analyzes the status of copyright protection of micro-blog works. There is a close relationship between the development of technology and the protection of copyright. Therefore, in the technical environment, the paper firstly elaborates the main problems existing in the copyright protection of micro-blog works in China. Secondly, the paper reexamines the relevant rights in the current Copyright Law of China. And then, the paper wholly analyses the status of copyright protection of micro-blog works in China from the respects of protection practice and legal theory.The paper analyzes the status of copyright protection of micro-blog works in other countries. The paper mainly analyzes the related system model and legal regulation of the United States, Britain and Germany. On the basis of this, the copyright protection method of micro-blog works of China is discussed. Firstly, to make clear the scope of the right of reproduction in the Copyright Law of China. The temporary duplication is excluded from the copy right to ensure that the legitimate spread of the works of micro-blog is not hindered. Secondly, the paper proposes a protection method, which combines the technical measures and reasonable use to solve the problem of the imbalance between the expansion of technology and the limitation of copyright as well as to balance the interests between the copyright owners and the work users. Finally, this paper establishes the copyright protection mechanism of micro-blog, including introducing Creative Commons License and establishing evidence preservation so as to set up a kind of overall protection method from the statement of right to the relief of right.