Research On Aopyright Infringement Liability Of Internet Novels

The rapid development of the Internet has brought great changes to our lives and has had a far-reaching impact on the law.In the context of the Internet,the network culture represented by network novels has gradually entered the historical stage and has become an important part of China's cultural system.However,with the continuous increase in the total number of online novels,copyright infringement cases of online fiction are also increasing.Especially in the present,China's legal system for the protection of copyright in network novels is still not perfect,and the infringement of copyright in network fictions continues to emerge.For this reason,how to actively and actively carry out the research on the infringement liability of copyright in network fiction has become a common topic faced by the industry.This article takes the responsibility of copyright infringement of network fiction as the research object,adopts case analysis method,comparative analysis method,logical analysis method and other research methods,analyzes the problems in network fiction copyright infringement determination,tort liability liability principle,and tort damage compensation.At the same time,it draws lessons from foreign legislative experience and combines with the actual situation in China,and proposes a method of identifying copyright infringements in online fiction,and how to apply the principle of liability for tort liability and the damage compensation for infringement.This article is divided into five parts.The first part,introduction.The second part is the statistical analysis of copyright infringement cases and the legal issues arising from it.Starting from the copyright infringement cases of network novels,the author summarizes and summarizes the main types of copyright infringement of network novels.Through analysis of its implied legal theory,it raises the legal problems in the identification of copyright infringement of network novels,the principle of liability for tort liability and the damage compensation for infringement.The third part is the identification of copyright infringement in the network novel.Through the comparison of copyright infringement of network fiction and traditional copyright infringement,the method of identifying infringement of the content of the network fiction is obtained to improve the reasonable use system of the network fiction copyright.In the fourth part,the constitutional elements of the infringement liability of the copyright in the network fiction and the principle of imputation.This paper briefly describes the constitutive elements of the infringement liability of copyright in internet fiction.Through the research and analysis of the doctrine related to the liability infringement liability of online copyright infringement,it puts forward suggestions for the application of the principle of liability for tort of copyright in internet fiction.The fifth part,the copyright infringement damages of the network fiction copyright.Based on the analysis of the scope and standard of compensation for copyright infringement of the copyright of China's network novels,the author proposes the application of punitive damages and mental damages.