The network copyright law Protection System
|School||China University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Network works Internet copyright Network infringement The principle of objective fault The network copyright law protection|
The network is a double-edged sword, will work to expand and promote the development of social science and culture at the same time as the representative of the copyright propagation range of applications, but also makes the protection of copyright and interests of rights holders into the cusp. No spread no rights. No relief nor do they have the right. How to balance the two aspects of the relationship of the network communication and the legal remedies, so that the positive interaction between the two, is the common issues faced by theorists and judicial practice. Legal protection of copyright of the network is based on this to start on. Internet led to the development of copyright to the digital space jump from traditional life, broaden the range of work, no longer as traditional copyright rely on strict conditions such as publishing, broadcasting, body breaking down geographical and class restrictions can choose the network works, this is the advantages of network copyright attract people's attention. However, the maintenance of order in need of legal means of implementation, presented in the legal \The localized network copyright law protection system in line with China's national conditions is particularly urgent and necessary. The the the network copyright law protection system is a complex system by a combination of civil, criminal, administrative, of the power of the study is by no means a master's thesis can be completed, civil legal protection for key network works, network copyright Internet copyright infringement, rights and restrictions as the main line, the use of social law, economic law, basic law legal research theory, expounded the basic legal concept of network copyright the method of comparative analysis, historical research methods, specific issues analysis, analysis of network copyright laws and the protection of existing legislation lags behind, the existing imperfect legal problems, and ultimately determine the end-result in the basic principles of the network copyright law protection system as well as informative recommendations on, in order to achieve this study outline a clear and complete. This paper argues that the network copyright law protection system should focus on the legal principle of network copyright, the network rights under copyright restrictions and the principle of balance, network copyright implied the principle of presumption of development of specialized network copyright law, deep linking, non-interactive mode of transmission propagation behavior included in the scope of protection of the right to network dissemination of information, clear and reasonable standards, improve the network copyright collective management system and the implementation of the objective standard of fault investigated for Internet copyright infringement liability.