Research On The Legal Protection Of Information Network Communication Rights

With the rise of the internet,information network transmission right arises at the historic moment.At present,as a new right,it can not be formed into a unified understanding both in legal theory and legal practice.Given this,through the interpretation of the concept of information network transmission right in international treaties and regulations on the protection of information network transmission right in various countries of the world and in accordance with China's Copyright Law,Regulation on the Protection of Information Network Transmission Right,relevant provisions in Regulations of the Supreme people's Court on Several issues Concerning the Application of Law in the Trial of Cases Involving Information Network Transmission Right Infringement Civil Disputes and relevant contents of Copyright Law(the Third Revision),this paper primarily discusses the boundaries between information network transmission right and related rights and relevant legal issues like how to protect the information network transmission right.It clarifies the context and puts forward suggestions for the legal protection of information network transmission right according to the current situation of the formation and development of information network transmission right.This paper tries to offer targeted improvement suggestions and ideas combining with the characteristics of internet development based on the analysis of information network transmission right.This paper is divided into four parts for the explicit exposition.The first part is the overview of information network transmission right,in which it expounds the basic theory of the information network transmission right,compares with the distribution right,broadcast right and the right of broadcasting organization and distinguishes the relationship between information network transmission right and other related rights.The second part is the survey of foreign legal protections of the information network transmission right.It mainly focuses on the interpretations of information network transmission right legislation patterns of international organizations and various countries and the relevant legislation situation in China.The third part analyzes and raises questions about the present situation of the legal protection of the current information network transmission right from legislative and judicial perspectives.The final part makes suggestions as to how to perfect China's legal protection for the information network transmission right.