Research On China's Legal Protection Of Network Copyright

Information network has brought a lot of convenience to people's life at one hand and serious disorder of law and management at the other hand after the invention of information technology. Under the network environment, the concept and characteristics of copyright are different from the traditional copyright. How to effectively solve the changes and challenges brought by the network and more fully protect the copyright under the network environment without affecting the premise of network technology development has became an urgent and realistic problem. Some reasonable legal solutions are given in this article to solve the problem of copyright protection from the angle of legislation and judicature based on some feasible network copyright protection measures abroad.This article is divided into four sections:The network copyright basic theories, including the concept and characteristics of copyright, the concept and the subject and the contents of network copyright protection are discussed in the first section. The scientific and reasonable definition of network copyright is given through the analysis of the characteristics of the copyright under network morphology. The network copyright is a comprehensive concept right containing property rights and spirit rights. The content of network copyright protection should not be narrowed because the network copyright is the natural extension of traditional copyright under network environment.The present situation and its deficiency of China's network copyright protection are deeply discussed in the second section with the analysis from the perspectives of legislation and judicature protection of network copyright. Some problems, such as the legislation system is not scientific, the legislative technologies are fall behind and the contents are not reasonable are existing in China. The"Regulations of information network transmission right protection"and the"The explanation of some issues on the trial involving computer network copyright disputes over applicable law"have been explored here to examine the shortage of network copyright protection.The details of network copyright protection have been given in the third section, including the legislations of network copyright protection of the international treaties and the United States and Europe. All this experience and successes including the high technologies and reasonable contents and legislations of network copyright protection have much guiding significance for China.The protections of network copyright from the perspectives of legislation and judicature have been mainly discussed in the section four. There is necessary to formulate a specialized network copyright law and the tort liability of the third person should be set and some regulations of penalty should been given. The principles and specific judicial protection measures of network copyright protection are specifically discussed here, too.