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Indirect copyright infringement liability of the Internet

Author: ZhaoYun
Tutor: ZhangPingHua
School: Yantai University
Course: Legal
Keywords: network copyright indirect infringement undertake responsibility thecompletion of system
CLC: D923.41
Type: Master's thesis
Year: 2012
Downloads: 97
Quote: 0
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Abstract


The human race has entered a new era of information because of the rapiddevelopment of the Internet. People can communicate, exchange with each other freelyand share information in unlimited web space. The appearance of the network brings thecopyright system development and change, network copyright system become theimportant strength of social development. This era would be a" web copyright" era. But atthe same time copyright infringement disputes, especially the network copyrightinfringement brings more damage to copyright person. Copyright owners are moresusceptible to the help of network and the implementation of the copyright infringement.Because in the network to find direct infringement people is very difficult, or even finddirect infringement, to his litigation is usually not timely and adequate compensation.Therefore, copyright person action directed against the indirect tort liability, then open upanother new protection path. So how to define the network copyright indirect infringement,further perfect our country network copyright indirect infringement civil liability system.Discussions on the network copyright indirect infringement civil liability system and thesystem into perfect have important theoretical and practical significance.The paper is divided into four chapters:The first chapter is the overview on the indirect infringement of network copyright.Firstly introducing the concept copyright infringements, characteristics of copyrightinfringements, then lead to the reasonable dividing of direct copyright infringement andindirect infringement properly divided, focusing on the concept, characteristics andclassification of network copyright indirect infringement.The second chapter focusing on the particularity of Network copyright indirectinfringement compared with the traditional copyright infringement. This part analyze theparticularity of Network copyright indirect infringement Separately from the network copyright indirect infringement civil liability subject, constitutive requirements, principleof imputation in the three aspects. And has a more in-depth understanding of networkcopyright indirect infringement, and lay the foundation of the judgment of networkcopyright indirect infringement and our country network copyright indirect infringementsystem.In the third chapter, from the America cases perspective, introduce foreign networkcopyright indirect infringement civil liability judgment rules, as well as to the perfectionof the system in China inspiration. Research on network copyright indirect civil liabilitylimit of rules that safe harbor rule, red flag standard and the c application in copyrightindirect infringement. Clear that network copyright indirect infringement liability shall bejointly and severally liable for fault liability principle.In the fourth chapter, introduced our existing legislation on network copyrightindirect infringement provisions in detail. Elaborated our country network copyrightindirect infringement system legislation deficiency. And puts forward some correspondingsuggestions the establishment of a set and the situation of our country to adapt the networkcopyright" indirect infringement" civil liability system.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law
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