An Analysis Of Copyright Infringement Of Network Reprinting

With the development of the Internet,the spread of information is not limited to paper.With the addition of Internet technology,information transmission is faster and more efficient than the original one.However,at the same time,the risk of infringement is also greatly increased.Not only in reputation,privacy and other aspects of infringement,including copyright infringement.The works presented on traditional paper media are mostly written works,and occasionally paintings.However,in the Internet environment,the works involved in copyright disputes usually include not only text works,but also movies,music and picture works.With the original paper media,compared to the number of copyright disputes between the copyright infringement event occurs more often in the network environment,the main reason is that for the Internet users,its moving gets more hidden in the Internet environment.For more and more computer users,they want to avoid some risks through technical methods,and even hiding their users' information is not difficult,so as to make the transparency of the Internet environment is greatly reduced.The Internet has a wide range of functions for the vast number of computer users,among which the reproduction of all kinds of works has also emerged in an endless stream,the most common is the rise of we media such as WeChat and Weibo.The majority of WeChat users upload articles,pictures,videos,music and other different kinds of works in the WeChat public number for a large number of reprints,will inevitably cause frequent damage to the interests of the copyright owner of the work.But the reprints' behavior between the Internet is the most common but a kind of behavior in the network activity,out of the thought of “the law does not blame the public”,does the Internet reprint behavior constitute tort after all? What kind of behavior is its essence? This paper introduces the following five questions through the case of Hangzhou fast edition technology v.Asia Pacific cultural media: 1.Clarify the meaning of “network reprint”,and correctly distinguish “reprint” and “forward”,“copy”,“publication” and other related concepts.2.Determine the nature of online reproduction,clarify whether it belongs to information network transmission or reproduction,and clarify the rights to regulate the behavior.3.After determining the rights to which it belongs,it shall further clarify the criteria for determining that the act constitutes infringement.4.If the act is determined to constitute infringement,the tort liability of the relevant subject shall be analyzed and studied in detail.5.Regarding the infringement of this act,there is no conclusion in our country at present,not only at the legislative level,but also at the judicial level.Therefore,this paper will try to put forward suggestions to improve the existing problems.First of all,the definition of “network retransmission” is made clear,and by distinguishing it from “forwarding”,“copying”,“Internet publishing” and other related concepts,the author determines that network retransmission is limited to network electronic media organizations,and thus determines the nature of the network retransmission and the basis for its control.Secondly,it will focus on the tort research,including the identification standard of the tort and the responsibility of the tort subject.When discussing the identification standard of tort,this paper holds the same view with most scholars in the academic circle and judicial practice,namely “server standard”.And in the discussion of the responsibility of the tort subject,through the analysis of the three systems of legal license,fair use,implied license,that is,should adopt the principle of licensing,fair use as an exception system,finally determine the responsibility of the two main bodies of the reseller and network service provider.Finally,this paper aims at providing feasible suggestions for the avoidance of copyright infringement caused by online reprint,and tries to protect the copyright of the act as much as possible from three aspects: legal basis,relevant relief system,and how to avoid the occurrence of copyright infringement to the greatest extent.