Research On Infringement Of Ounline Novels

Nowadays,the "Internet economy" has developed rapidly.Its emergence has made the traditional paper-media novels have a new medium of communication,and online novels came into being.The Internet has provided convenient conditions for the dissemination of online novels,but at the same time,it has also caused the problem of online novel infringement.In recent years,the scale of the online novel industry has become larger and larger,and there are more and more infringement cases.The state has begun to pay attention to the purification of the network environment,and has successively introduced or revised the Copyright Law,the Implementation Regulations of the Copyright Law,the Regulations on the Protection of Internet Communication Rights and other related judicial interpretations,in order to regulate the infringement of network copyrights,and to provide a legal basis in judicial practice.However,the legal norms have the characteristics of lag,and the network environment is complex,the infringement subjects are diversified,and the infringement techniques are changing with each passing day,which makes the infringement problem of online novels difficult to contain.In practice,the infringement problem of online novels is still very serious.Therefore,it is necessary to discuss this topic.In this case,this paper studies the infringement problem of online novels.Based on the legal practice of online novels in recent years,it analyzes and extracts the legal issues involved:First,it defines the concept of online novels from the level of basic theory,and compares with the traditional paper-media novels,to excavate its characteristics.And then analyze the conditions of the online novels protected by copyright law from the two aspects of originality and reproducibility;secondly,analyze the constituent elements of online novel infringement,and use the principle of dichotomy of thought and expression to determine the scope of' protection by copyright law,and then introduce the identification standards and methods of online novel infringement;in addition,through the discussion of the common theoretical basis of network infringement,discuss from the perspective of the subject of infringement and the responsibility of tort liability,and com'bine with the characteristics of online novels.Finally,based on the analysis of the responsibility of online novel infringement,combined with the status quo of China's online copyright legislation,the paper puts forward specific suggestions for improving related laws.