Research Of Online Dispute Resolution For Network Copyright Infringement

Online piracy has become the biggest obstacle to the protection of copyright.The increasingly serious infringement of network copyright makes the judicial organs struggle to cope with it.The urgent task is to face up to the inherent shortcomings of litigation and develop a Pluralistic Dispute Resolution mechanism.Under the background of the Internet age,the traditional dispute resolution mechanism has derived the online dispute resolution method,which has unique advantages in resolving the network copyright infringement disputes.Starting from an overview of online copyright infringement disputes,this thesis divides online Dispute Resolution into two parts: online non-litigation resolution and online litigation resolution,finds out the problems,and finally puts forward some suggestions for constructing and improving online resolution of online copyright infringement disputes.Introduction.briefly describes the background of the era in the field of Internet copyright infringement dispute resolution,and expounds the research purpose,content and methods.The first chapter,the overview of disputes over copyright infringement on the Internet.This thesis mainly expounds the concept and characteristics of network copyright disputes,the reasons for the high incidence of such disputes and the challenges faced by judicial practice.Network copyright infringement is the disputes of infringement of copyright of network works and infringement of reproduction right of non-network works and right of dissemination via information networks.The reasons for the disputes of network copyright infringement in China are: the contradiction between network sharing and copyright exclusivity;the public's tolerance of copyright infringement;the growth of cultural demand and the lag of consumption habits;and the profit-seeking behavior caused by the unequal benefits and risks.The second chapter,the analysis of Online Non-litigation resolution in Internet Copyright Infringement Disputes.This thesis discusses the concept,advantages and classification of online non-litigation resolution,including online reconciliation,online mediation,online arbitration and other forms of online alternative dispute settlement mechanism.This thesis demonstrates the necessity and feasibility of establishing online non-litigation resolution for online copyright infringement disputes,and finds out the existing problems of online non-litigation resolution for online copyright infringement disputes.The third chapter,the analysis of online litigation resolution of online copyright infringement disputes in China.Taking the establishment of Hangzhou Internet Court as an opportunity,and combining with the practice of China's Internet Court,this thesis concludes the advantages and disadvantages of online litigation in resolving disputes over copyright infringement on the Internet.The fourth chapter,the improvement of online dispute resolution for copyright infringement in China.According to the problems mentioned above,four suggestions are tentatively put forward: improve the legal basis of online dispute resolution,improve online non-litigation resolution of online copyright infringement disputes,improve online litigation resolution of online copyright infringement disputes,and improve the supporting mechanism of dispute resolution system.