Research On The Civil Judicial Protection Of Network Literature Works Copyright

Network literature has been developed with a history of nearly 30 years.In the process of the rapid development of network literature,copyright problems have gradually become prominent,especially the infringement phenomenon is very serious.With the development of network technology,some new infringement means appear,the infringement cost is lower and the damage consequences are more serious,which strikes the author’s creative enthusiasm and affects the development of the industry.In order to promote the healthy development of the online literature industry,the state has issued a series of documents and policies,and the industry institutions have also established some management mechanisms to strengthen the self-discipline of the industry.Judicial protection is the last line of defense for copyright protection.Perfect judicial protection is necessary and important for network literature copyright protection.At present,the civil judicial protection of the copyright of network literature works provides good protection for the right holders,and the protection is gradually increased.However,there are still some problems to be solved,such as the lack of unified infringement identification standards,the ineffective relief of damage compensation liability,the narrow scope of reasonable use,and the unclear degree of duty of care of network service providers.To better provide civil judicial protection of network literature copyright,Suggestions to clarify the "substantial similar + contact" infringement rules of the referee,optimize the effect of liability for compensation relief,moderately expand the scope of reasonable use and clear network service provider duty of care,to strengthen the protection of network literature copyright.This paper is divided into five parts.introduction.Firstly,the paper mainly introduces the research background and significance of civil judicial protection of online literature works;Secondly,it summarizes the current research situation and evaluation of civil judicial protection of the research method of the author and the innovation of this paper.The first part is the status quo of civil judicial protection of copyright of network literature works.By selecting typical cases as analysis samples,summarize the changing trend of the number of copyright civil cases of online literature works,summarize the reasons why the copyright civil cases of online literature works in China are mostly copyright infringement disputes,and the focus of disputes is mainly on the judgment of infringement and liability,and analyze the reasons.The second part is the civil judicial protection of the copyright of network literature works.Combined with the analysis of samples and theoretical discussion,it analyzes the main problems in the trial of copyright civil cases of online literature works in China,such as the judgment standard of infringement identification is not unified,the relief of damage compensation liability is ineffective,the application scope of reasonable use is too narrow,and the degree of duty of care of network service providers is unclear.The third part is the improvement of the civil judicial protection of the copyright of the network literature works.Give countermeasures and suggestions for the main problems existing in judicial practice.That is,clarify the tort judgment rules of "substantial similarity + contact",optimize the relief effect of damage liability compensation,appropriately expand the scope of reasonable use;clarify the standard of care of network service providers.epilogue.Summarize the full text,and put forward that the problems existing in the civil judicial protection of the copyright of network literature works need to be solved urgently,hoping to arouse the care and attention of the majority of legal people,and solve the problems together,and promote the development of China’s network literature industry.