Network environment and protection of copyright infringement

[Abstract] network as a "fourth media" technology continuously updated by the new network environment little is known about the violations of traditional Law is lagging behind, the new approach is also followed by copyright infringement, the copyright owner's interests are suffered great damage. Based on the analysis of violations under the network environment, the work of the rational use of analysis and, disseminators and the balance of public interest, hoping for the legislators in the network environment to provide some idea of ​​copyright protection better improvement and development of copyright Law has been aging, protect the network environment, the interests of rights holders.

[Keywords:] copyright legislation and reasonable use of network

A meaning and characteristics of the Internet Copyright
1. The meaning of the Internet Copyright
Internet copyright, refers to the copyright holders of works protected by copyright Law in the network environment, the rights enjoyed by copyright. China in 2001 <<Copyright Law "> modified to increase the" Right of Communication through Information Network ", that is, limited or unlimited available to the public works, so that the public can be at a particular time or place to obtain the right to work, so clear in the legislation of this right.

2. Characteristics of the Internet Copyright
Internet Copyright addition to the characteristics of traditional copyright, but also has some unique characteristics:
(A legal nature. Copyright Law for the determination of the relevant later in the relevant judicial practice, copyright law recognized the status of the network before the judicial practice of the past have cited a large number of copyright theory.

(2 regional. Copyrights is the Copyright of the regional law of the State is protected by a country that Territory effective. The network works without any geographic restrictions on the spread, the use of copyright regional confrontation "parallel imports" such practices challenged , copyright regional shaken.

(3 exclusive. Copyrights is the proprietary rights of any person without the consent or permitted by law, shall not use and enjoyment of the copyright. Because copyright does not preclude others from creating similar or identical work, so opposed to patents and trademarks words, exclusive copyright relatively weak, but this does not mean that copyright is not exclusive.

(4 traditional works have their own form of expression, regardless of the outcome, the general said, the network form of copyright subversion of the traditional distinction between the meaning of copyright types.

Second, the type of Internet Copyright Infringement Elements
1. The type of network copyright infringement
(1 to unauthorized downloads and online works published in traditional media. This act specifically refers to the network works without the permission of the right to download the network works to spread in the behavior of traditional media.

(2 without the author's permission, will be published in traditional media to spread the work on the site. That is not the original literary and artistic works and other non-digital copyright permission, to digitize their works available on the network open to all Internet users behavior . the kinds of behaviors identified as violations, because the original non-digital art digital literature, no matter by what means its not a digital creation, does not have originality.

(3 links behavior. Today's web-site operators often take advantage of the link between Information technology Web site linked to each other in order to achieve the purpose of sharing of Information resources. Link technology is not illegal and does not constitute infringement. But this does not mean that the law does not provide a link infringement.

(4 pages copyright infringement. The quality of web design is essential for the major commercial sites, a well-made Web page will rapidly increase the access rate, and thus enhance the site's visibility, bring more advertising revenue .

2. Determination of Infringement Network
Standards for Determining infringement known as the constituent elements that constitute specific violations as a necessary condition for a variety of factors. Network constitutes copyright infringement, including the following four elements:
(1 to be illegal copyright infringement of the network. Our current <<Copyright Law "> section 45 and 46 on a variety of acts of copyright infringement for the use of a detailed requirements.

(2 damage to the essential fact that constitutes infringement liability. Copyright infringement from the network side, the fact that damage to essential elements of an infringement.

The role of intellectual property rights embodied in the being used, and if you use more people, the value of intellectual property rights embodied in the greater. Therefore, the measure of whether the person suffered an injury right, it should be uploaded to the network before and after the work of combining the economic benefits received and other interests to consider.

(3 to be a subjective liability. China <<Supreme Court on cases involving computer network copyright law applicable to disputes Interpretation of Several Issues>> Fourth, five or six of the provisions of those Web services is described in detail the legal responsibilities, which we know whether to assume responsibility for the network provider to "knowingly" as the premise that the subjective state of consciousness, its "I do not know" or "should know" the circumstances, even if the consequences caused by the infringement without liability. We therefore infer that the applicable <<Civil Code "> in the general responsibility principle, that the fault principle.

(4 linked to the fact that the wrongful act and damage. In relation to the results of Internet copyright infringement and damages in a causal relationship, there is often divided into direct and indirect causes. So network owners and users will work on the network transmission is the result of copyright infringement direct cause of the network owners and users at this time constitutes a direct infringement of copyright. reposted elsewhere in the Research Papers Download http://www.hi138.com the exercise of the three network copyright
1. Copyright Under the rational use of
Fair use, in fact, is the copyright of their respective holders and the public to the product of compromise between the interests is part of the economic rights of copyright holders to and is the copyright owner had to make, is the inevitable result of the development of copyright law. At the same time, reasonable Change of use of the system enlighten our history, copyright restrictions and anti-restriction system should be our awareness and understanding of the basic theory of copyright law is a basic clue, and the copyright owner, disseminators and balance between the interests of the public is this basic clues to the soul. network environment of the Copyright Law should also follow this basic clues to the times, for the establishment of a harmonious network to play its guiding role in promoting prosperity and development of China's cultural industry.

2. Copyright Under the balance of interests of fair use
Balance of interests has always been the core principles of intellectual property protection system, while the balance of interests is the need for legal protection. Our current network environment, protected under the copyright laws there are four major sources. These sources of law in the network environment on copyright protection in the past and now play an important role. but it is undeniable, although the relatively perfect legal system on the surface, but some of the specific network copyright disputes and apply the law when the trial is still sometimes stretched. real life, there are numerous infringement people simply can not be found or have no alternative but to rely on even found a new network technology, network copyright violations are repeated with. The reason is the rapid development of network technology is an important aspect, but the existing legal norms in the style, content, etc. deficiencies, and lack of moral construction network is also important.

Four Network Copyright Protection of Environment
1. Legislative Network
From the society to progress, narrowing between countries, the wealth gap between regions, everyone can create a full play to their potential environmental point of view, knowledge sharing should be promoted. So it should be in line with the principle of balance between the rights of all aspects and find of the community to balance the public interest legislation. the one hand, protection of the rights of the Internet, on the other hand the healthy development of the network. this is still a relatively long-term process, it should be said that the current network of domestic legislation or the mainstream sources of law, but in In addition to legislation based on national conditions of China as a developing country, the attention and strengthening relevant legislation to the international reference and absorption, is also an important principle.

2. Network morals
Network society as a whole moral anomie led to a continuous network of intellectual property infringement within reason. Real difference in society and network society, led to the current network society is the moral anomie, it is only in accordance with their own life in the real world experience to restrain themselves . This is based on the established tradition of social reality a tremendous moral conflict, it significantly decreased binding. Of course, we have put forward their own network of ethics in the study should also be noted that the Internet is a new thing, it under construction, the network morality is a new thing, its construction is a process. We should follow the building of socialist spiritual Civilization focuses on the guidelines, to study and solve problems, put forward for China's cultural tradition, can be large Internet users generally accepted moral standards, so as to establish an orderly network of order.

Internet as a new kind of media is increasingly becoming a means of communication can not be ignored, but the fast pace of development of the Internet makes the network there were many gray areas, "the network environment was one of how to protect copyright." Current the international community to copyright protection under the network environment, mainly through legal and technical means, but in addition to legal and technical means, the network is equally important to the construction of morality. practice, legislation should be network-based, moral constraints as a necessary supplement.

References
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