Research On Criminal Law Protection Of Copyright Of Network Literature Works

The development of network platform gives new forms of expression and dissemination of literary works,and promotes the emergence of network literary works as a new type of literary works.Because of the openness,convenience and low cost of the network platform,the perpetrators can easily and conveniently access the network literary works,pay less criminal costs,and infringe the copyright of literary works in more diverse ways,resulting in more serious harmful results and create influence in wider scope,and the copyright of network literary works has been more infringed.At the same time,nowadays,the only legitimate way for readers to read is by purchasing paid chapters.Readers need to pay more money to read legitimately than reading traditional literary works.Therefore,many readers choose illegal reading ways which intensify the crime of copyright in online literary works.However,if they want to protect the copyright of online literary works,the way of products is limited to paid reading on the network literary platform,which has a negative impact on the public's reading rights and the development of network literary works.How to crack down on copyright crime and protect public welfare at the same time has become a difficult problem.Aiming at this problem,this article puts forward a method to deal with the increasingly serious crime of copyright in network literary works under the balance of copyright and social public welfare.This article combines the characteristics of network copyright protection,such as fast dissemination,numerous acceptance,low cost,the balance between copyright and social public welfare,and the deficiencies in the protection of copyright of network literary works in criminal law from legislative and judicial aspects.Starting with the case of infringement of copyright of "Starting point Chinese net",this article puts forward the deficiencies in the protection of copyright of network literary works in criminal law of our country.In order to effectively regulate the crime of infringing copyright of network literary works,corresponding suggestions are given on its shortcomings.In addition to the introduction and conclusion,the article is divided into four parts,about42331 words.The first part of the article mainly analyses the typical case of infringement of online literary works' copyright,"36 copyright cases related to Shanghai Xuanting Entertainment Information Technology Co.,Ltd." and expounds the constitution of the crime of infringing online literary copyright,the judicial status quo and the problems existing in the judicialsystem,such as fewer prosecutions,higher litigation threshold,single criminal acts being investigated and higher penalties.The second part mainly analyses the different behavioral characteristics and types of infringement on the copyright of network literary works from traditional literary works.The infringement on the copyright of network literary works has the characteristics of popularity,low cost,wide range of influence,fast dissemination,serious harm and high acceptance by the masses.Its main behavioral types include "copying behavior","issuing behavior";"Information Network Dissemination Behavior" and "Modification Behavior".The third part elaborates and explores the problems of the current criminal law norms.The article discusses the deficiencies of the relevant provisions of the network service providers as the subject of the crime,the irrationality of "profit-making as the necessary elements of the crime of infringing the copyright of the network literary works",and the types of infringement are too single,imperfect that compared with the actual types of infringement of the copyright of the network literary works.In the fourth part,according to the discussion of legislation and judicature in the preceding part,combined with the purpose of protecting the copyright of network literary works by criminal law and the protection of the "criminal-civil relationship" in network literary works,the author puts forward some suggestions on the improvement of the crime of infringing copyright in the scope of protection of network literary works in the current criminal judicial.The subject of crime should increase the network service providers and assume the fault and supplementary liability under the circumstances of "network service providers fail to take measures after notification of network platform users" and "network service providers know that there are infringements".The types of criminal acts should be added to the "information network" on the basis of the "reproduction" and "distribution" related to the copyright of literary works stipulated in the existing criminal law.The behavior of dissemination and modification adapts to the characteristics of the crime of cyber literary works;the crime of infringing on the copyright of literary works should dilution the "profit-making" as the necessary subjective constituent element;the penalty allocation within the scope of the crime of infringing on the copyright of cyber literary works in the crime of infringing on copyright should be adjusted to improve the application of the fine penalty.