What are the characteristics of online copyright infringement
1. Online copyright infringement occurs in a wide area
We live in an era of Internet. Nowadays, everyone Countries, regions, and cities are all surrounded and surrounded by the Internet. The Internet has truly turned the earth into a global village. Once an infringement of online copyright occurs in a certain corner of the world, this infringement will be unfairly punished. Copying and infringement will be spread and promoted without restriction, which can easily lead to uncontrollable scenes and consequences. The protection of online copyrights is of a regional nature. Rights that often transcend national boundaries are no longer valid and can no longer be protected by the laws of this country or region. There will even be differences in the protection of rights holders within a country, and the Internet The borderless nature of the case creates many uncertain factors in determining the jurisdiction of the dispute and choosing the applicable law. For example, it is impossible to determine the country of original publication of an online work and the country and region in which it should be valid. The development of e-commerce business, "parallel import" using the geographical nature of copyright, etc. have greatly broadened the area of infringement and weakened the exclusivity of copyright. Various uncertain factors hinder the protection of online copyrights. In addition, existing laws and international cooperation agreements cannot be followed up and updated in a timely manner, which often leads to the proliferation of online copyright infringements. Once an infringement occurs, the area of infringement quickly exceeds one region. countries, showing a tendency to spread around the world. Some experts believe that the disappearance of the regional nature of copyrights in online works is “the total conflict between the global nature of computer networks and the regional nature of traditional intellectual property rights.”
2. The consequences of damage to online copyrights are more serious
Due to the rapidity of Internet communication, often after an online copyright is infringed, it is quickly and repeatedly infringed, causing corresponding consequences to the rights holder. The consequences of damage are extremely serious. Compared with traditional copyright infringement, it affects a wider area and causes greater damage. Infringement will cause more serious damage in a shorter period of time. For example, some online copyright disputes in recent years In the case, a new type of infringement dispute arose due to the defendant's "regular broadcasting of other people's works through a computer network". The characteristic of this behavior is that it is not a point-to-point interactive communication behavior but a point-to-multipoint communication behavior. , Internet users can only watch film and television works at regular intervals, but cannot watch them at the time they choose, nor can they affect the playback process in other ways. To a certain extent, this is no different from television broadcasting. Once infringement occurs, , the consequences are disastrous.
3. Online copyright infringement is hidden
Due to the development of network technology, especially the development of link technology, online copyright infringements are extremely concealed. Compared with the material manifestations of traditional copyright infringements, the Internet Copyright infringement often has non-material forms.
Links can be divided into external links and internal links. External links are also called ordinary links, which are links that directly link to the homepage (homepage) of other websites. The object of the link is the homepage of the website. At this time, what is displayed on the screen is the homepage of the website. All content of the linked website. Internal links are also called deep links, which are links to pagination that bypass the homepage of the website. The difference between it and external links is:
The link flag stores a page in the linked website rather than the homepage of the website , which causes users to misjudge the ownership of the web page author, destroys the integrity of the website content, and weakens its publicity and influence. This kind of linking method is likely to cause network link disputes in commercial websites. Compared with traditional infringement methods, this kind of infringement method of network linking is more covert and difficult to detect.
4. Broadening of the objects of online copyright infringement
Online works exist in the form of numbers 0 and 1 as codes There are two forms of works that use the Internet as a carrier to flow between network computers: one is that they exist in traditional media such as paper and tape before entering the computer network, but are converted into numbers that can be recognized by computers through electronic digitization methods such as scanning. Encoding, and then organizing, processing, and storing it through computers, and re-expressing this digitized information in the form of text, images, sounds, etc. when needed, this kind of network work is called a digital work. The other kind is that it exists directly in digital form on the computer and is transmitted on the network from the time it is created. It has never existed on a traditional carrier before. This kind of network work is called a digital work. As long as online works can reflect certain thoughts or emotions and have originality, reproducibility and certain objective forms of expression, they should enjoy copyright, which is also in line with the concept and spirit of copyright protection.
With the development and improvement of network technology, the network The scope of copyright objects continues to expand, which also makes online copyright a dynamic right. If you are in this situation, or the amount involved is relatively large, it is recommended that you consult a lawyer. Our Legal Savior Network platform provides free legal consultation. You can consult any online lawyer to solve your problems.