Judicial Protection Of The Right Of Information Network Dissemination Of Dance Works

In the new era of rapid development of Internet technology,the spread of dance shows unprecedented rapidity,universality and flexibility.However,with the increase of copyright infringement disputes,the disadvantages of the copyright protection mechanism of dance works in China are constantly exposed,especially the judicial protection of the right of information network communication is facing many problems.This paper uses the theory of law and dance science to conduct cross research,uses case analysis and questionnaire to obtain relevant data and information,finds problems,analyzes problems and tries to put forward some targeted solutions,aiming to provide theoretical support for resolving the infringement disputes of information network communication right of dance works,better protect the legitimate rights and interests of the right holders,maintain the balance between personal interests and public interests,and then promote the healthy and orderly development of dance art and Internet technology.The first chapter takes the case of "Shuangwaiwai" information network communication right dispute as an example,to see the big from the small,to sort out the realistic dilemma of the current judicial protection of the information network communication right of dance works in China.Through the analysis of this typical case,focusing on the three dispute focuses of the case,it leads to the problems of the determination of the infringement subject,the acquisition of litigation evidence and the calculation of the amount of loss in such disputes.The second chapter combines the theoretical knowledge of law and dance science to discuss the theoretical basis of the judicial protection of the right of information network dissemination of dance works.First of all,starting from the copyright of dance works,the author tries to put forward his own opinions on the controversial issues in the two professional fields.Secondly,combined with the dance works performed during the undergraduate period,this paper analyzes the subject and object of information network communication right respectively,and further demonstrates the originality standard of dance works.Finally,based on the above theories,this paper analyzes the reasons why the judicial protection of the right of information network dissemination of dance works in China is facing difficulties in the development process.The third chapter analyzes the composition of the infringement of the right of information network dissemination of dance works,mainly from four aspects:the subject of infringement,infringement,damage consequences and exemption.The subjects of infringement include not only traditional ISP and ICP,but also individual users of we media platform.Starting from the characteristics of strong concealment,high technical means,low cost and wide range of influence,combined with Yang Liping’s "Moonlight" case in December 2020,this paper aims to explore the identification standards of tort in judicial practice.Finally,combined with the characteristics of dance works,this paper analyzes and summarizes the damage consequences and exemption reasons of the infringement of information network communication right of dance works.The fourth chapter puts forward some feasible suggestions on the judicial protection of the right of information network dissemination of dance works on the basis of the previous discussion.From the discovery of the problems in China’s judicial practice,to the gradual analysis of the right itself and the composition of infringement,and then to put forward the corresponding countermeasures,and divided into prior protection and post protection,hoping to effectively reduce the occurrence of such infringement disputes.At present,dance works form a very high "flow economy" with the help of network communication.If there is no preventive protection mechanism,the protection of its information network communication right will be extremely passive.This paper discusses the judicial protection of the right of information network dissemination of dance works,which is conducive to balancing the interests between the right and the users in the Internet economy and promoting the healthy and orderly development of Internet plus dance.