Research On The Identification Of Copyright Infringement In Network Literature

Network literature is the product of the development of the Internet,it has changed the traditional literary creation mode and dissemination mode,in recent years,the market scale is also expanding,economic value is also increasing,in 2018 the total revenue of key network literature enterprises reached 34.2 billion yuan,while the scale of piracy loss is 5.83 billion yuan,Far higher than the digital music 5.9%and network video 14.3%,which also led to the network literature copyright infringement disputes in recent years increasing network piracy transformation and scattered development of the new situation,the patchwork of online literary works,plagiarism,illegal adaptation and reproduction,chain piracy,to the network literature copyright market brought uncertainty,It seriously damages the development of China's digital culture industry.Under the continuous innovation of science and technology,the pattern and means of infringement are more hidden and complex,coupled with the absence of relevant laws and their limitations,resulting in the plight of rights holders.In this context,how to make up the legal loophole,improve the judicial decision on the infringement of the recognition,in order to effectively combat the infringement,protect the interests of copyright holders,how to protect the rights and interests of users,coordination of the interests of all parties and other issues need to be resolved and perfected.Network literary infringement is different from traditional literature,because of its virtual nature of the carrier,the complexity of the subject object,the hiddenness of the infringement results and acts,and the more extensive scope of infringement,make the network literature copyright infringement identification standards and rules and the reasons for the defense need to be discussed in particular.By combing through the cases of network literary infringement,it mainly focuses on the three aspects of reproduction right,adaptation right and information network communication right infringement,and according to the main infringement mode under the current technical conditions,summarizes the general rules and standards of the identification of copyright infringement in network literature,and demonstrates the infringement of the technical process of software automatically generated works.The three-paragraph theory plus two-step method is applied to the method of identifying the generated content infringement,and the responsibility of the software developer is determined by the standard of whether the software is a single infringing use.The disadvantages of applying server standards to the application of server standards in the field of network literature in the form of deep links are analyzed,and the rationality of applying substantive substitution standards is demonstrated.In view of the problem of web snapshot infringement in the field of network literature,this paper analyzes the nature of snapshot law as reproduction,studies the rules applicable to the "substantive non-infringing use" of snapshot,and combs out the general idea of the infringement determination.On the basis of clarifying the above questions,the special application of the defense cause of copyright infringement in the field of network literature is analyzed and discussed,and this paper holds that in the field of network literature,the"temporary reproduction" defense rules should be limited to exclude the application of network service providers;The standard should be judged on reasonableness,the"involuntary license" system in the field of network literature should be constructed,the function of copyright collective management organization should be established,and the efficiency of copyright transactions should be improved,and the"notice-delete rule should be amended to advocate the pluralism of the form of notification and the applicable provisions of search engine service providers should be removed.