Research On The Criminal Law Protection Of Internet Copyright

With the development and widespread application of network digital information technology,contemporary society has entered the "Internet+" era.Nowadays,in most people’s life,work and study,the network has become an indispensable tool.The development of information digital technology and the popularization of the Internet have greatly facilitated the dissemination and exchange of information,and have also greatly promoted the dissemination and exchange of online works.Compared with traditional works,online works are more flexible in dissemination and communication,and tend to develop in a diversified direction.Various online works of all kinds are constantly emerging with the development and progress of the Internet,such as online literary works,online short videos,computer software,etc.The industrial scale of online works is also constantly growing.But everything has two sides.With the rapid development of online works,infringements of online copyrights also occur frequently.Moreover,due to the particularity and complexity of cyberspace,coupled with the particularity and development trend of criminal acts of infringing online copyrights,the social harm of infringing online copyrights has been continuously increased or even hard to estimate.The phenomenon of infringement continues to impact the copyright protection system.However,civil methods are insufficient to effectively combat online copyright infringements.In addition,the criminal law is not in place to regulate criminal acts of infringing on Internet copyright.As a result,the current copyright protection system can no longer meet the contemporary society’s demand for network copyright protection.This problem has caused chaos in the field of online copyright.Therefore,it severely invaded the normal copyright market economic order of our country.My country’s criminal law has a significant lag in the protection of online copyrights.The lag is embodied in the lag of legislation and the lack of judicial recognition.Therefore,it is inevitable to solve the above problems to improve the criminal law protection of my country’s network copyright and strengthen the criminal law protection of my country’s network copyright.In addition,human civilization cannot achieve continuous development and innovation without adequate protection of copyright.The article takes the rapid rise of the online short video industry in recent years as an example.It is based on the current development status of the online short video industry.It explains the infringement phenomenon in the online short video industry.Using a method from the universality of online copyright protection to the particularity of online short video copyright protection,and then back to the universality of online copyright protection,the issue of the criminal law protection of my country’s online copyright is discussed.The article analyzes the insufficiency of my country’s criminal law on the regulation of crimes of infringing on Internet copyrights,and on this basis,puts forward simple suggestions to achieve the effect of attracting criticism.The article is divided into three parts:introduction,body and conclusion.The introduction part contains the question.The problem is that the criminal law’s protection of online copyright is not perfect and in place,making many criminals unable to be regulated by the criminal law,so they are impunity and intensified.The introduction part also includes the value and significance of the research,the main research methods used in the article,and the main innovations and deficiencies of this article.The main body is divided into four parts.The first part is the elaboration and generalization of the whole network copyright.It details the particularity of network copyright compared with traditional copyright.Compared with traditional copyright,network copyright is different in definition,but network copyright also has individual characteristics.Personalized features include the diversification of rights content and manifestations,the widespread and popularization of the original subject of copyright,the complex and diversified manifestations of copyright objects,and the gradual disappearance of the regional nature of network copyright.The second part reflects the necessity and urgency of criminal law protection of network copyright from four aspects.The first is from the particularity and development trend of the crime of infringing on network copyright.The second is from the current situation of infringement of online copyright.The third is to take the short video industry as an example to discuss the issue of determining the responsibility of network users and network service providers in infringement disputes.The fourth is from the aspect of insufficient crackdown on civil penalties.The third part mainly elaborates the insufficiency of criminal laws and regulations for network copyright crimes.The first is a general summary of the status quo of copyright criminal legislation.It includes the lag of legislation and the progress of legislation.The legislative progress is reflected in the issuance and implementation of the eleventh amendment to the Criminal Law,which stipulates the behavior of "dissemination to the public through the information network" and the behavior of "copying and distribution" in parallel.Second,the dispute over the retention and abolishment of the subjective element of"for profit" is proposed.The article’s point of view is to support the abolition of the subjective element of "for profit".The third discusses the definition of "copy distribution" in the Internet age.Taking the online short video industry as an example,it focuses on the relationship between the proliferation of "plagiarism" and"plagiarism" and "copying".Finally,the fourth discusses the shortcomings of the conviction standard of "amount of illegal income".The fourth part is based on the third part,and puts forward some suggestions for perfecting the criminal law protection of network copyright.The first is to put forward that it should do a good job of linking up with the copyright law of our country,and thus perfect the objective elements of the crime of copyright infringement stipulated by our criminal law.The second is to cancel the subjective element of "for profit" in combination with the characteristics of online copyright crimes.The third is to redefine the behavior of"copying and publishing",that is,to include substantively similar "copying" behaviors of plagiarizing or plagiarizing original expressions in other people’s works into the scope of regulation in Article 217 of the Criminal Law.The fourth is to improve the conviction standards for copyright infringement crimes.The conclusion is to summarize and generalize the viewpoints gained from the argumentation in the main text.