Research On The Legal Relations Of Network Information Resource Intellectual Property

The amount of the lawsuit concerning network information resource intellectual property has been increasing in recent years. The key to solving these dissensions on network information resource intellectual property is their legal relation.The legal relations of network information resource intellectual property include the subjects, objects and contents of the legal relation. These three parts are closely related and cannot be departed from each other.The subjects of the legal relations of network information resource intellectual property should be researched through the analysis of three different levels. The first is the scope of subjects, the second is the legal characteristic of the subjects, and the last is the relation between subjects. The later must be analyzed on the basis of the former. The scope of subjects is decided by law and is affected by the trend of law modernization and the business of network information resource. The subjects include creator, the neighboring right owner, intellectual property agency, network information resource operating organization, network information resource terminal user, network information resource intellectual property manager. Legal characteristic analysis is very important for making sure of the right and obligation of law subject. Legal characteristic can be analyzed by a model which includes four types (natural person, artificial person, non-artificial organization, country) and four levels (civil subject, artificial person, whether it is seeking for profit, which service type it is ) . As for the relations between subjects, this text puts forward an analysis model.The object network information resource intellectual property can be divided into different types according to different criteria. It can be found that network information resource mainly includes four parts through analyzing the business of network information resource operating organization. The first part is the original works from creator, and the second part includes works reprinted or extracted and compiled from network, newspapers or periodicals. The third part is information report works formed by reporting all the information collected. The fourth part is net station multi-media works that are mainly releasing information. The classification criteria used above amalgamate related law and main operation of information resource management andcan provide more guidance to practical job of network information resource operating organization. Each object includes complex work style and related law regulation and needs further classification.The content of network information resource intellectual property is very abundant, mainly exploring the rights and obligations network information resource institutions shall have. Most of the rights of network information resource come from the permission of related right owner, so it is very important to research the basic requirements of permission and conclusion of tacit acceptance. Fair use system is one of the core systems of network information resource intellectual property. Resulting from the trend of network popularization and internationalization and defect of present fair use system, fair use system must be reformed accordingly. Fair use system is an integrated system that includes theory foundation, criterion and rule, so the reconstruction of fair use system should be based on these theory foundation ,criterion and rule. Fault principle is also the basic principle for the network information resource intellectual property. This paper suggests that we should introduce innocent third party system into intellectual property.