Research On Network Copyright Protection

With the arrival of 5G network,the development of the Internet has made a breakthrough again,and People’s Daily life and network are more and more closely connected.With the characteristics of openness and fast propagation,the network provides conditions for the dissemination of human cultural achievements.Compared with western countries,China’s network technology started relatively late,and the relevant laws and regulations are not perfect.Therefore,this paper tries to put forward practical Suggestions for improving the protection of network copyright in order to improve the protection system of network copyright in our country.This paper mainly adopts the methods of literature analysis,comparative analysis and case analysis.First of all,from the perspective of the literature and the written judgment of the court,through the analysis current our country related laws in the field of law about network copyright protection exist deficiencies: exists insufficiency,the fair use system for imputation problems of Internet service provider and to the provisions of the network copyright infringement damage compensation problem.In order to solve the above problems,a comparative analysis method is adopted to analyze the relevant legislation in developed countries with relatively perfect network copyright legislation protection in foreign countries.In view of the problem of fair use system,the content of fair use system should be expanded with The Times,and the reasonable use situation in the temporary replication and online game live broadcast should be legislated.Secondly,it is necessary to make clear the criterion of rationality,and to modify the existing enumeration legislative mode into the general and exemplify binary legislative mode.Finally,the cases that have broken through the traditional legal restrictions on fair use can be used as guidance cases to provide reference for judicial practice.As for the responsibility of Internet service providers,it is necessary to keep pace with The Times and divide the types of the new Internet service providers such as WeChat applet in legislation and stipulate the responsibility.Secondly,it is necessary to clarify the liability principle of Internet service providers,and adopt the comprehensive liability system which is applicable to both the faultliability principle and the presumption of fault liability principle.Finally,the content of "knowing" should be clearly defined,which should be defined in the way that receiving the notice is regarded as knowing and presuming knowing according to the "red flag rule".For the problem of compensation for infringement damage,the traditional "loss of the right holder" and "profit of the infringer" should be further defined.Secondly,the legal compensation system should promote the application of the "authorization fee" rule to determine the amount of compensation.Finally,the application of compensation for mental damage should be increased.