A Research On Infringement Of Network Copyright

In recent years, with the rapid development of network technology, the Internet has become the people study, life necessities, in bringing people fast and convenient, but also give people brought a lot of trouble. This let a person glad let a person of mixed high-tech tools are to the trend of the eyepiece walking into our life and affect our every moment. It is not delibrately sensationalizing, first we its advantages and convenient to start. Take China Internet information center (CNNIC) speaking, in October1997and this moment in our country when the network users only620000, the Internet phone user is no, but just after only12years, by2009the number was December had a can’t imagine growth. China’s online user has reached384million, and this among them more before mobile Internet users, and make up about60%of, as high as233million. This number is growing so quickly was not accidental, the Internet really provides people with convenient. Moreover we can see the negative effect. It is for this Internet technology developed, in this virtual space is like our real life, can say is all available rooms. Have the right to have an obligation to, of course, crime, tort is inevitable, and growing number. Light person, infringe individual rights, as a violation of privacy rights, reputation and rights of the person and property rights is, of which infringe intellectual property rights is especially serious. The person that weigh, rely on the Internet to make activities endangering state security of the people and organizations is also there. This allows the network space to the right protection is immediate, this paper is in the background for the associated network, born of the new rights of a network copyright infringement problems-the preliminary analysis. This paper overall is divided into five parts:the first part mainly expounds the basic theory of network copyright, including copyright and the concept of network copyright, subject, object, content, network works legal license and reasonable use of copyright infringement and network and characteristics, The following four parts in network copyright infringement question respectively in practice has to face a variety of questions one by one analysis, including the second part, determination of the main body, which has the right holder and the infringer respectively expounds the determination of the author and the opinions of his own; The third part is the analysis of relevant jurisdiction and the author suggest improve places; In the fourth part, mainly for evidence collection expounded; The fifth part is in the tort liability law provisions in the premise of imputation principle of this paper. Finally, the author to network copyright infringement question was summarized.