Discussion On The Right To Network Dissemination Of Information

Using the internet to disseminate works and get paid is a new property right of the author in law, the network operators and the users should respect the right. In December 1996 in Geneva convened a diplomatic conference on certain copyright and neighboring rights questions, the conference formulated WIPO Copyright Treaty(WCT) and WIPO Performances and Phonograms Treaty(WPPT) for adjusting the development of internet. WCT gives exclusive right to author for disseminating works. For protecting the right, technological protection measures and electronic rights management information were provided. WPPT gave exclusive right to arts performers and records producers and provided technological protection measures and electronic rights management information.Our country amended and adopted new Copyright Law on October 27, 2001 and set up 'the Right to Network Dissemination of Information' in article 12.On the basis of the authorization of Copyright Law, The Ordinance on the Protection of the Right to Network Dissemination of Information, which was adopted at the 135th executive meeting of the State Council on May 10, 2006, was hereby promulgated and has been implemented on July 1, 2006.The establishment of the right founded a new copyright protection system and became a hot topic for legal profession rapidly.This essay focus on 'Five record companies v. Baidu case' and 'Eleven record companies v. Yahoo(China) case' by comparison of the two cases and analysis of The Ordinance on the Protection of the Right to Network Dissemination of Information, this essay has some discussion on the legal.This essay describes from three parts, about 18,000 characters.Part one introduces the background and processes of 'Five record companies v. Baidu case' and 'Eleven record companies v. Yahoo (China) case', next, there is a comparison between the judgments in the two cases.Part two introduces the content and characteristics of the right to network dissemination of information, by introducing the development of the right, this essay discussed the restriction of right and liability of infringement.Part three focus on the right to disseminate information network protection in view of the specific situation at this stage in China, discussing the legal protection and private relief. Based on the research described above, this essay presents the author's own viewpoint and advices on the improvement of the protection of the right to network dissemination of information.