On the issue of online copyright

Abstract: The network environment, the anonymity of the infringer, violations of the low-cost line, infringing material of high quality, rapid transmission line as a result of extensive surface and the conventional behavior of a similar behavior, once implemented in the network, the Law may there will be qualitatively different. In a network environment, how to maximize the protection of the legitimate interests of copyright holders, without affecting the network functions and to promote the Internet industry, is the copyright of the network environment, the basic end result.

Paper Keywords: copyright reproduction rights Information Network Transmission Right Infringement rational use of the network service provider
First, the copy right issues and their solutions
(A What is the right of reproduction
Enjoy the right of reproduction is a copy of the copyright owner the right to work.

Copying should meet the following two conditions:
1 The behavior of the material carriers should be visible above the presentation of a work, copying the behavior of a presentation of a work, but must be reproduced on tangible material carrier. This shows the radio and copy the behavior and presentation of a work showing the behavior of other distinguished. For example, presentation of a work by reading the sense of copyright Law is not a copy.

2 of the act should enable works to be relatively stable and durable material carrier fixed on a tangible form of tangible copies of works. Copyright Law on the right of reproduction is defined as "the work created by one or more copies," the right. This means that the sense of copyright Law should be able to copy the behavior of copies of works led to the behavior of output. television broadcast of the concert although the reproduction of the work, but work has not been fixed in the TV. as long as the singer to stop singing at the scene, the TV will not continue to play in the works of.

(B) network environment, the correct application of the right of reproduction
1 replication and network copying traditional
The earliest history of copying is limited to collections, rubbing, copying and other means of copying by hand.

As technology advances, with the printing presses, copy machines and equipment such as cameras and tape recorders the emergence of printing, photocopying, recording, ripping, copying and other new remake have also appeared.

Development of digital technology will further promote the progress of the copying. It makes the work with high-quality digital form is fixed in the new material carrier, the formation of a new type of reproduction.

Copying digital environment are: 1 works in a variety of technical means fixed to the chip and software CD-ROM drive will work in .2 .3 uploaded to the web server will work from a network server or other Computer to download to a local Computer .4 to other Computer users through the network to send work.

Copy of permanent and temporary reproduction 2
The behavior of using pirated software users should receive the regulation of copyright Law? Whether it is to copy rights of copyright infringement?
Because any software running, will be under the voluntary control of the Computer into the Computer's memory. Resulting in the formation of the computer's memory a copy of the software. If you use pirated software, then the inevitable process of running in memory formed copies of pirated software. to infringe the copyright owner the right of reproduction.

To solve this problem, we will investigate whether the memory copy copy copyright law sense. As memory replication has its own characteristics: that once shut down the computer power or running a new command, the temporary storage of Information in memory will disappear. This copy is different from that to work long, stable fixed carrier in the tradition of copying material, it is called the "temporary copy." crux of the problem is that this short-term "fixed" is consistent with traditional copyright law's "fixed" element. the traditional "fixed" are permanent is permanent preservation, unless the man-made destruction, will not go away. The memory of it will disappear automatically copied.

For the temporary copy problem, different approach for each country. In order to better protect the interests of copyright holders, the European Union in 1991, <<Computer Program Protection Directive>> Article 4: by any means, in any media, in pArt or Copy all of the permanent or temporary reproduction, should be authorized by the copyright owner. Our country does not recognize the "temporary reproduction" the sense of copyright law constitutes copying, which requires special legislation to fill this legal vacuum.

2, the user through the network to read or enjoy the BBS or Internet sites put the number of works, including online, enjoy online pictures online, online listen to online music or online movie (referred to as "browsing" on the copyright owner constitutes a violation of the right of reproduction ?
"Browse" in the form of two copies of the computer. One is browsing, digital works will be transferred to memory copy in memory formation. The other is in the user repeatedly visit the same page, some Internet software will automatically set aside an area in the hard disk will be here as a buffer zone to a temporary file in the form of work into it (the cache), the formation of a copy. the user when the next visit the same Web site, Internet software directly from the hard disk Taking of the cache area to speed up the speed. users do not access the same Web site for a long time, Internet software will automatically delete the temporary file Information. So here the sense of behavior is not a copy of the copyright act?
First, a copy of the cache memory and the technology is an objective phenomenon. Memory and cache copies of the form not to the viewer will. The purpose of behavior from the view point of view, the purpose of visit were not in memory and cache copy form, with the appreciation of reading in the network works. and few users to detect computer while browsing the works of copy their own are here. So copy the memory and the cache is an incidental result of the browsing behavior .

Second, a copy of the cache memory and has no independent economic value. Traditional copyright law in the "fixed" elements of the actual meaning is: if works with carriers on the formation of visible and replicate copies of the copyright owner can, through off and save the tangible copy so that the work to flow, and get paid. the public can also obtain and keep a copy and read the visible view of the work. So have a copy of the negotiability and accessibility of independent economic value. memory and cache Copy from the browsing behavior can not be used alone, or spread, so there is no independent economic value.

Therefore, we believe that a copy of the cache memory does not belong to a copy of the copyright law. In addition to economic value and independence through the use of the standard, you can clearly distinguish whether a copy of the sense of copyright law is copies of the works.

Second, the right to network dissemination of Information and solutions
(A What is the Information Network Transmission Right
<<Copyright Law "> definition of acts of network transmission is" by wire or wireless means available to the public works, so that the public can be individually selected to obtain the time and place of work behavior. "To constitute the meaning of copyright law network communication behavior, about two conditions should be met:
1 of the act shall be available to the public through the Internet works. It should be noted that "their works" is the possibility of instigating public access to works. Rather than the works of others, the state has received.

2 of the act should be an interactive communication behavior
The traditional one-way communication behavior provided by the disseminator of the content of the work. The public simply passive recipients only in the propagator of a specified time or work location specified in appreciation of work. Whether it is live performance, mechanical performance, radio and television broadcasting or exhibition of these works of traditional communication methods are public as passive recipients of the "one-way communication"
"Interactive Communication" is a new mode of transmission. Is not the time and place designated by the communicators, but "so that the public can be individually selected to obtain the time and place of work," the dissemination of behavior. For example, a movie uploaded to the web server open to the public, as long as the network server power and network, any user can in any networked computer (the location of their choice at any time (the time of their choosing Click to download a movie or watch online. the initiative lies in the hands of users. by uploading works to the formation of the spread of the Internet so that the public be able to "point" approach "on demand" on-demand work. This is different from the traditional communication network communication behavior of the essential characteristics of behavior. we call interactive communication.

Note that interactive communication is not limited to Internet communication. With the technology, in addition to Internet communicators are also other wired or wireless means, "interactive communication." Such as: digital television service, viewers at home can by its own remote control "on demand" movies and other programs and programs according to demand a separate fee. also realized "that the public can be individually selected to obtain the time and place of work." So digital television service is also "network communication behavior."
(B Network Information Network Transmission Right of the correct application of
Copy Right and the Right to Network Dissemination of Information
Since the works of others without their permission will be uploaded to the Web site, constitutes a copyright owner "copy rights" violations, then I have <<Copyright Law "> there is no need to require the" Information Network Transmission Right "?
The works of others without their permission will be uploaded to the website may result in work on the remote server's hard disk (visible in the formation of a permanent copy of the carrier, constitute copying. If only the right of reproduction without the right to network dissemination of information, you must be violated recognized the right of reproduction infringer's responsibility. In this case, only the number of illegal copies to calculate the amount of compensation. and upload your work to the network communication to the public, though only the formation of an illegal copy, but has led to repeated countless people download or online shows, only one measure of illegal copies of the consequences of the damage, to the right people is obviously not fair. "Information Network Transmission Right" as a right of communication to resolve this problem. "dissemination of information network right "to spread the scope to measure rather than to determine how many illegal copies of the amount of compensation.

Third, the network environment problems and their solutions Infringement
(A, what is the direct infringement and indirect infringement
Direct infringement
Each have exclusive rights to control the behavior of a pArticular type, if the right person without the permission of a lack of fair use, licensing and other legal defenses, and the implementation of the rights of people under the control of behavior, that would constitute a "direct infringement." Is also That is, the delimitation of the exclusive right of a copyright owner or its authorized only have specific areas of talent, without the permission of the copyright owner or the law intruded into this area constitutes a "direct infringement." not to constitute a direct infringement subjective fault for the elements, does not affect the identification of direct infringement. If the infringer does not directly subjective fault, its the way liable infringers with a different fault, not liable for damages.

Indirect Infringement
Indirect infringement is, exclusive rights of copyright infringement is not within the control of, be defined as a violation of copyright when the copyright protection for the appropriate expansion of the scope of the policy considerations or the line of these violations may be to blame, it must act with the subjective fault as a precondition.

Indirect Infringement includes the following two: (1 abetting willful infringement and inducing others to help others infringement. (2 direct infringement of preparatory acts and the expansion of tort consequences.

(B), network environment, measures to address indirect infringement:
Network environment, the protection of copyright than the greatest challenges presented by the anonymity of infringement, violations of the low-cost line, the broad dissemination of infringing material and immediacy. Network environment, copyright infringement in the performance of the most often without the copyright the consent of the copy, distribute works. As digital copying and dissemination of works of very low cost, high quality, fast, as long as the illegal digital works have taken is placed online, short of guilt may be repeatedly copied, spread, and thus the interests of copyright holders to cause serious damage. However, when the violations occurred, there are very difficult to find the copyright owner directly or direct infringement by the infringer to pay the limited capacity of the copyright owner caused delay in getting legal help. At this time, held an indirect infringement the tort liability of a person to maintain the legitimate interests of copyright holders a new way.

Internet service providers bear the responsibility of indirect infringement
A network service provider
Any violations that occur under the network environment can not leave the "network service provider." Network service provider services can be divided into four categories:
Internet access service: that is, through their own hardware to provide users with a telephone line, cable or microwave way to access Internet services. Customers access to the Internet, the service provider's hardware just to be information transmission channels, service providers does not control the information content. reposted elsewhere in the Research Papers Download http://www.hi138.com Internet content services: immediately provide various types of information content. For example, Sohu Sohu news is a typical content.

Hosting: that is their own servers to provide storage space for network users, allowing it to upload information for other network users to browse or download. For example, BBS services, FTP services, etc.

Search engine: the user input the key words according to the network guarantees that the key words to find sites and information. Such as Baidu, Google and so on.

2 Internet service provider to the user the consequences of infringing the basic principles of shared responsibility
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But the fault is a relatively subjective state of mind, hardly known to outsiders. It is necessary to establish a series of legal acts and relevant facts from the outside to determine whether the perpetrator has the fault of specific rules. <<Network judicial interpretation>> It is in How to determine whether Internet service providers on the key issue of fault, a set of rules established principles.

Safe harbor rules and notifications and in addition to shifting rules:
American "<Digital Millennium Copyright Act"> If the network service provider provides its own network system that stores information about users upload infringing, or issued by the copyright owner's compliance with the statutory requirements of written notice, except immediately shifted infringement on its information links or disconnected to do to a reasonable duty of care, not to tort liability for injurious consequences.

China <<Network judicial interpretation>> Article 4 of the "network service and content service providers, the fact that the name of Internet users through the network acts of copyright infringement, or the copyright owner there is evidence of the warning, but still not moved except to eliminate the consequences of infringing content infringement, the people's court shall notify the one hundred and thirtieth under the Civil Code provides that held the rest of the network user's joint infringement. "But to prove that the network service provider" knowingly "when the user infringement difficult. If copyright owner can not access the network service provider "knowingly," the evidence can not be required to complete compensation for Internet service providers. network service providers to do even though they have a reasonable duty of care through the discovery of the infringement, but willfully ignore the obvious existence of the violations. Therefore, this provision will not only increase the cost of rights of right holders, Internet service providers also have contributed to delayed in the case of performance of duty. In order to avoid such negative consequences, American "<Digital Millennium Copyright Act"> standard worthy of a red flag our reference.

Red Standard
Even if the provision of Internet service providers hosting services do not actually know infringement, as long as they know they can clear violations launch of facts or circumstances without taking appropriate measures, should take responsibility for the consequences of the damage. The U.S. Congress to this rule is called "Red Flag standards", meaning that if the infringement is obvious, like the loud side of the red flag in front of the network service provider's flying openly, so that the same circumstances a reasonable person can be aware of the existence of violations, then infringement even if the victim did not notice the fact that Internet service providers, network service providers may also be due to negligence did not find and stop the violations and take responsibility. China <<Information Network Transmission Right Protection Ordinance>> reference to this rule.

Fourth, the network environment, the rational use of other copyright issues
(What is a reasonable use of a
The so-called fair use, refers to the specific conditions, the law allows others to freely use the work without the consent of the copyright owner's consent, do not have to pay remuneration to the copyright case.

(B network to others under the fair use of copyright problems and solutions
1 How to determine fair use
The international "three-step test": the rational use of the premise in the following three conditions:
Can only be applied in exceptional circumstances, with the normal exploitation of the work does not conflict, and not unreasonably prejudice the legitimate interests of right holders. China <<Copyright implementing regulations>> Article 21 also clearly states: "In accordance with copyright law is within the customs clearance regulations, use can be exploited without the permission of a published work, shall not affect the normal use of the work, nor unreasonably prejudice the legitimate interests of copyright holders. "In this way, three-step test method has been converted into our domestic legislation, a court In making the relevant judgments must be based on standards.

2 Network of private copying under
Traditionally, people appreciate the work and responsible for their own work is considered fair use. But with the networks and the popularity of digital devices, the average consumer the ability to copy digital works greatly enhanced, resulting in an unprecedented copyright owner of a serious threat. So private copying constitutes fair use, but also need to "three-step test" to judge. In addition many countries have implemented a compensation system to resolve the issue of private copying.

Analog age of tape recorders, video recorders and blank tapes were collected compensation Zhisuo Yi is because people generally think it is the primary purpose in life is to record copyrighted music and movies. So be levied on such goods, compensation to make up copyright owner's losses.

But in the digital age, personal computers, mobile hard drives with a wide variety of uses, is difficult to say the consumer is to record copyrighted music and movies to buy. Let them pay compensation is not fair.

Another compensation system is based on the copyright owner can not control replication behavior of consumers as a precondition. At present, all in order to prevent unauthorized copying of digital works of "technological measures" has been widely used, such as the movie is encrypted, the work in the Watermarking and so on. If in the future, "technical measures" enough to be effective for private copying to control, then the digital equipment and media collection of compensation is superfluous, it should be abolished.

Copyright Law allows individuals to study, Research and enjoy the consent of the copyright owner does not use a published work, but no clear provisions of the copyright owner a reasonable compensation mechanism, which is <<the Berne Convention>> Article 9 or a gap. In addition, a large number of Internet users downloading unauthorized copyright-protected music movies software and written works, but also seriously affected the interests of copyright holders. Whether or not to consider the introduction of compensation payment system on the specific digital devices and media to charge a reasonable compensation, China's legislators should consider.

The theory of network environment most of the copyright law baking the forefront of the current problem, the author of limited capacity, may be questionable in some few, hope a lot of criticism of correction. Reposted elsewhere in the Research Papers Download http://www . hi138.com