Research On The Boundary Of Copyright Protection Of Network Literature In China

Capital and Internet technology have profoundly changed the mode of creation and dissemination of online literary works,and have launched a fierce impact on the traditional copyright system.Network literature occurred and developed in the cyberspace.Affected by the decentralized design of the Internet and the interactive work dissemination mode,the conflict of interest between the creators,disseminators and users of network literature has further intensified.On the one hand,creators and disseminators who combine technology and capital(generally referred to as online literature websites)gradually began to grasp the discourse right to set and interpret copyright laws,and then began to demand more comprehensive and high-level protection of online literature copyright;On the other hand,users also put forward higher requirements for the quantity,quality and speed of dissemination of online literary works.The interests of creators,disseminators and users have shown an increasingly opposite trend in cyberspace.Although China’s current laws and regulations,such as the Copyright Law and the Regulations on the Protection of the Right of Information Network Communication,have made adjustments to the particularity of cyberspace,they have not fundamentally alleviated the conflict of interests between creators,disseminators and users,but instead become a tool for copyright owners to expand their exclusive rights in disguised form.In addition,the asynchrony between technological development and copyright legislation has also caused many new online literary works to fall into a "vacuum zone" that cannot or cannot be adjusted.Therefore,in order to coordinate the conflict of interests among creators,disseminators and users in cyberspace,achieve the goal of copyright law to encourage knowledge creation and promote the prosperity of science,culture and economy,it is necessary to clarify the boundaries of copyright protection of online literature,which depends on the guidance of the theory of interest balance in copyright law.Taking the theory of balance of interests as the theoretical basis for determining the boundary of copyright protection of online literature in China is a practical consideration for coordinating the conflict of interests between creators,disseminators and users of online literature,and is also an inevitable choice for realizing the value goal of copyright law that encourages knowledge creation and promotes scientific,cultural and economic prosperity.This paper is divided into four chapters:The first chapter mainly discusses the concept and characteristics of network literature and network literature copyright,and the necessity of defining the boundary of network literature copyright protection.First of all,starting from the production and consumption practice of online literature,online literature is defined as: online literature refers to all activities related to literary production and consumption carried out by literary websites and creators on the Internet,with the characteristics of diversification of creative subjects,typification of creative behavior,and strong interaction in the creative process.Secondly,the copyright of online literature refers to the general term of the personal rights and property rights enjoyed by the authors of online literature works in the Internet environment.It has significant characteristics in terms of copyright subject,copyright object and infringement mode.Finally,the economic,cultural and social values contained in the copyright of online literature and the imbalance of the current copyright legal system in the protection of copyright of online literature indicate the urgency and necessity of defining the boundary of copyright protection of online literature.The second chapter discusses the theoretical basis of determining the boundary of copyright protection of online literature in China-the theory of interest balance.Specifically,it includes the following contents: First,on the basis of respecting the dual attributes of copyright,from the perspective of the subject of online literature,the balance of interests is defined as the balance of interests between creators,disseminators and users of online literature;Secondly,from the perspective of respecting the property of knowledge and realizing information fairness,this paper discusses the rationality of introducing the theory of balance of interests into the protection of copyright of online literature;Thirdly,it clarifies the relationship between the balance of interests and the protection of network literature copyright,that is,the division of individual and public interests is the premise of the protection of network literature copyright,and the balance of individual and public interests is the ultimate destination and purpose of the protection of network literature copyright.The third chapter describes the current problems and practical performance of the copyright protection boundary of online literature in China.First of all,it describes the typical behaviors that widely exist in practice that undermine the boundaries of copyright protection in China’s online literature,including typified creative behavior,co-cultural creative behavior,pirated online literature websites,P2 P file sharing behavior,and abuse of technical measures.Secondly,it analyzes the existing problems of the copyright protection boundary of China’s online literature from the legislative and judicial perspectives.Due to the ambiguity and contradiction in the setting of the right boundary in China’s current copyright legislation,and the confusion of the standards for determining copyright infringement in judicial practice,under the joint action of these two reasons,the boundary of copyright protection in China’s online literature has become increasingly blurred.The fourth chapter,under the guidance of the theory of interest balance,puts forward the following suggestions for the determination of the protection boundary of China’s network literature copyright: First,construct the interest balance mechanism of China’s network literature copyright,specifically including the value goal of the interest balance mechanism of network literature copyright,the balance of power and power,the balance of the way of exercising rights,and so on;Second,improve the system design of copyright protection of online literature in China,including improving the "originality" standard and the principle of thought/expression dichotomy,clarifying the criteria for judging the "rationality" of the use behavior,improving the copyright licensing system,and expanding the scope of application of statutory and implied licensing.