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Abstract

Information technology revolution is the greatest technological revolution in the contemporary. The developments of the IT technology bring about a brand new mode of transmission and push the society and economy forward.Through internet, users can get a large amount of information and enjoy works breezily and quickly without limitation of time and place, and they also can transmit works to millions of users around the world. But at the same time, as to the right owners of the works, the mode of transmission brings about a hot potato, which is how to limit the transmission behavior without permission of the right owners properly.No transmissions, No rights. The thesis is accepted unanimously by the professionals. The system components of the new intellectual property rights including information networks are the products of the development of technology and market economy. But in the new scope of law of cyberspace, the space extension of the right is the most prominence feature of copyright. There are multiple reasons which lead to the extension of copyright. The construction and development of information networks provide a revolutionary platform for communication. This is the changing factor that leads to the extension of copyright. But there are negative effects that we should not ignore. The extension of the right results in the public’s keeping away from the spiritual works, raises the threshold of acquisition, and increases social transaction costs. It is a matter that needs to be measured and to be planned as a whole how to balance the interests of both sides in the development, to ensure the right and keep the motivation of the copyright owner, and at the same time to protect the copyright reasonably and restrictively, to motivate transaction as much as possible and enrich the availabilities for the public to choose so as to meet the people’s increasing needs in their cultural life and to promote the development of the social cultural work. Along with the emergence and development of the technology of p2p, users around the world can exchange works at random without the authorization and knowing of the author.WCT and WPPT indicate that the copyright should be protected unceasingly in the newly developing region in which the works are transmitted through the internet. Right of internet communication arising there from has become an important content of powers and functions of copyright. As the achievement of the global protection of copyright, WCT and WPPT provide rules in definition and protection of copyright for countries, and so influence the course of the domestic legislation.Because of the different level of the internet development, consciousnesses of copyright protection gaps exist among the countries which are confronted with different specific conditions in copyright protection. Under different conditions, how could the countries achieve a comprehensive balance and dovetail into the tendency of international intellectual property development by projecting their legislation with respecting their own tradition and reality?The paper expatiated on the challenge to the copyright protection brought about by the development of IT, introduced the present situation at home and abroad of the protection of right of internet communication and the theoretical investigation about this, and then analyzed our country’s problems and obstacles existed in the protection of right of internet communication. The paper also constructed the theoretical basis of principles in the protection of right of internet communication and the theoretical basis of the restriction of it. At the end of the paper, it analyzed, concluded and summarized the problems of how to protect copyright effectively in the development of internet industry and by combining with instances, of the problems in practice in particular, targeted copyright protection responsibility of internet content provider (ICP), Internet Service Provider (ISP) and P2P. On that basis, by combining of well-known cases of domestic and analyzing the theories of the law, the paper put forward practical ideas on the technical and legal measures of remedies for copyright under network environment.

Network Transmission Right Protection Based on Internet

Abstract

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