Under The Network Environment The Copyright Protection And Limitation

With the rapid development of the Internet technology, the protection of copyright is under severe impact and challenges. Compared with countless conflicts and disputes of copyright in the network environment, current copyright law system seems already backward. This article takes the mechanism of protection of copyright in the network environment as the object of study. In this article, writer analyzed the theory of balance between the copyright holders, the ISP (Internet Service Provider) and the social public, which comes after a brief introduction of a case named "Han Han sues Baidu Library infringement". Due to the characteristics of the Internet, the copyright protection system of our country now faces several difficult problems and issues, which need to be considered and solved in the near future. The article contains five parts and here’s the brief knowledge of each part:Part I is the introduction. Writer brings out a copyright tort case which has made a great flutter in2011and led us social public, especially law school students to further study. In part Ⅱ, writer introduced how the rapid development of Internet technologies influence and attack the traditional copyright production system. Part III indicated the flaws and difficulties in copyright protection system, including the conflicts and contradictions between rational use and technological protection measures, the liability system of the ISP, the range of territorial jurisdiction in the network environment, etc. Part IV mainly elaborated the new balance of copyright in the network environment by analyze the concept and historical development of interest balance in the field of copyright. In other words, the old interest balance between the copyright holders and the social public has been transformed to a new one, which contains a third interest subject—the Internet service provider. In part V, some proposals and suggestions have been raised so as to solve the problem mentioned above, such as to confirm and make clear the ISP’s liability, to build up a compensation system for copyright holders, etc. With the advancement of technology, copyright protection gradually extended to the Internet and it is time to complete the copyright protection system of our country.