Research On The Micro-blog Copyright Infringement Problems

Micro-blog is the web blog which can be updated any time and any where through the network platform or the web-client or such other medias, and its interaction between users can achieve resources sharing, and the number of the micro-blog words is controlled within140characters. The characteristics of convenience, equality and diversity of releasing the micro-blogs attract a large amount of users to create on the micro-blog platform, which presents a new kind of wok forms. While the limitation of the number of micro-blog words no more than140characters makes most people mistakenly believe that it does not constitute a work in copyright law, which result in the infringement frequently occurred. Under this circumstance, to determine the nature of the micro-blog, when the blog content expresses a certain thoughts or feelings, and the means of expressions have its originality, it should be deemed as the work in copyright law. With four elements standard of which are the illegal behaviors, the fact of damage, the causation and the subjective fault as the criteria of affirming the micro-blog copyright infringement, and to classify the micro-blog copyright infringement in accordance with the infringement subject and the way of infringement behaviors. Determine the direct and indirect liability of the micro-blog copyright infringement based on the analysis of the infringement behavior, when using a micro-blog work in accordance with the fair use, legal use and implied permission cases, it can be removed from the legal responsibility. We do not have the legislation in the micro-blog copyright infringement currently, so we put it in the field in network copyright infringement legislation to discuss, pointing out the insufficient in our country’s network copyright legislation on governing the micro-blog copyright infringing behavior, putting forward to perfect the evidence system of micro-blog copyright infringement, as well as the damage compensation standard, and to make law on establishing the micro-blog real-name system, so as to provide legal bases for regulating the micro-blog infringement behavior. Only through perfecting the legislation, can fundamentally solve the micro-blog copyright infringement disputes and protect the legal interests of the copyright owner, then achieve the purpose of copyright law to promote the social culture prosperity.