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Some Legal Problems of Online Copyright

Author: ZhangKun
Tutor: YangLiYan
School: Guangxi Normal University
Course: Legal
Keywords: network rights ISP haven rule
CLC: D923.41
Type: Master's thesis
Year: 2012
Downloads: 270
Quote: 0
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Abstract


Entering the new century, as economic globalization continues to depth and the rapid development of science and technology, the core competitiveness of the countries in the world is increasingly reflected in the creation of intellectual resources and intellectual work, to cultivate the ability, the performance of the ownership of intellectual property use of capacity. Intellectual property protection as a basic legal system of encouraging and protecting innovation, to promote the economic, cultural, technological and social development, the status of more and more important, more and more prominent role. Protection of intellectual property has become a basic consensus of the world countries, all regions. Protected by copyright and intellectual achievements, as an important, factor of production and basic resources of the attributes of wealth, property and high value-added attributes, supporting the press and publication, radio, television, film, literature, art, culture and entertainment, advertising design, arts and crafts, computer software, information networks, a large number of industrial clusters, copyright protection in promoting the cause of economic, cultural and social development, improve the country’s core competitiveness has an important role.The rapid development and wide use of Internet technology not only changed people’s lives, learning, work habits and traditions, but also had a profound impact on political, economic, cultural and social practice; not only changed the traditional concept of the people to produce, business, and brought a fundamental change in the information society, intellectual achievements, spiritual and cultural products, means of communication, expand the channels for the creation and application of copyright, to expand the market space, and promote the development of copyright-based industries. Fully affirmed the positive role of Internet technology and its applications at the same time, we must clearly recognize that Internet technology is a double-edged sword, the same can be unscrupulous elements. The development and application of Internet technology has impact on the formation of the existing copyright legal system poses a challenge to the traditional means of enforcement; of copyright, infringement and rights of the contradictions are more prominent, the Internet has gradually become a hotbed of piracy activities of lawless elements. Internet copyright issues to resolve in a timely manner, not only can not change the disorder and confusion of the Internet environment, and will greatly damage the legitimate rights of copyright holders, has seriously hampered the healthy development of copyright industries.Network copyright belongs to the intellectual property refers to literature, music, movies, scientific works, software, pictures, knowledge author of the work rights of their works on the Internet. With the deepening of reform and opening up our country of the building, including the rule of law has made remarkable achievements in the field of intellectual property law, enacted intellectual property laws, copyright law, patent law, trademark law; intellectual property administrative regulations copyright law, such as implementing regulations, implementation of the Rules of the Patent Law, Trademark Law Implementing regulations, local laws and regulations of the Computer Software Protection Regulations and intellectual, property rights, regulations and judicial interpretations. It should be said, in the protection of traditional intellectual property laws and regulations or more. With the rapid development, of science and technology, our network copyright without a network of copyright law, enacted laws and regulations are not perfect in the existing legislation, such as the Regulations on the Protection of Information Network Transmission Right, for the network the specific provisions of the copyright there are not detailed enough, some of the requirement is unreasonable, and other issues create obstacles for network copyright system in China’s judicial practice. In the continuous development of science and technology, the benefits of Internet technology day by day, new problems and new challenges of online copyright are emerging, such as replication problems on the infringement of the online video site, under the network environment. This will require the times, and continuously develop and improve the network of the copyright system. This article about the legal issues of online copyright divided into sections:The first part provides an overview of the concept of the network works and infringement reasons. Pointed out that the lack of rights awareness, network environment, legislation, law enforcement has led to its endless stream of violations; second part describes the current situation of our network copyright legislation and problems; through the legislative process to review his online copyright, summed up China’s online copyright main achievements in terms of object the establishment and expansir of copyright protection, the establishment and expansion of online copyright-related rights, set up a "notice and delete" and "counter-notice and recovery procedures, the provisions of the network service provider’s responsibility, but there are too simple network the jurisdiction of the infringement provisions, and its technical measures need to be adjusted, the copyright collective management problems and other deficiencies; the third part of the research networks of copyright infringement. Mainly from the subject to infringement, direct infringement or infringement angle to give elaboration; Part IV discusses the infringement of the network service providers the right to network dissemination of information elements, imputation principle. Discussed in determining the network service provider whether the conduct constitutes infringement and whether it shall bear tort liability should be taking into account the four constituent elements and their haven rules and red flag standard; The fifth section describes the network copyright protection of international legislation and our network copyright protection of this reference. An international network of copyright protection legislation from the general international treaties and specialized international treaties to introduce. Compared with foreign legislation, our country should be taken to further improve the legislation, and enhance the copyright awareness, technical protection measures and the development of online copyright, try to establish a new free genuine use system to increase its law enforcement and legal supervision, strengthen international exchanges and cooperation and other measures to further improve our network copyright system.Network copyright legislative achievements and advanced experience through a number of legal issues of today’s network copyright research and learning in developed countries and international organizations, to improve our network copyright legislation, the accumulation of practical, experience, constantly enrich the network copyright system laid the foundation.

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