What are the path options for network copyright protection?
Copyright protection in the network environment The legal provisions should not only focus on the protection of copyright owners and encourage the development of science, culture and art, but also impose necessary restrictions on the legal liability of network service providers to promote the development of the emerging industry of the Internet.
(1) Protect the copyright of online works through legal means;
(2) Strengthen Special management and protection of copyrights of online works
Considering that the information on the Internet is extremely rich, it is certainly unrealistic to obtain the permission of the copyright owner for this information. , Moreover, the operation is very difficult, and it is not suitable for the characteristics of network resource sharing. Redefine the current "fair use" to adapt to the needs of online copyright and ensure that conflicts between private interests and public interests are reconciled. These special management include:
1. Establish network industry organizations to strengthen network self-discipline. The Internet is a virtual space, and it is difficult to fully realize the protection of copyrights of online works by relying solely on government or legal constraints. Self-discipline within the Internet industry must also be strengthened.
2. Allow the website to use it first, and then pay appropriately. Websites can and should protect the four rights enjoyed by copyright owners in accordance with the current Copyright Law: the right to publish, the right to sign, the right to modify, and the right to maintain the integrity of the work.
3. Implement "presumptive license" and impose appropriate restrictions on the author's rights. When an author uploads a work to the Internet, he should be fully aware of the possibility and breadth of it being reprinted and copied. If there is no explanation or technical means are not taken to prevent it from being reprinted or copied, it will be deemed that the author has automatically given up part of his copyright and allowed Internet users can read and download copyrighted works on the website for free.
Judicial Protection of Internet Copyright
Network service providers are providers of information dissemination intermediary services in the Internet environment, including at least: network infrastructure service providers, access service providers, host service providers, electronic bulletin board service providers and Search engine program provider. The responsibilities of network service providers when intellectual property infringement occurs should generally be divided into two aspects: first, the facilities and services they provide, and the liability for direct infringement of the connection service itself; second, The network service provider shall be held responsible when others use the network service provider's systems, facilities or search tools to infringe the intellectual property rights of third parties.
At present, China's Internet Cases of copyright infringement of works can be mainly classified into three situations: first, infringement by traditional media represented by paper media on the Internet, that is, unauthorized downloading of online works and publishing them in traditional media; second, infringement by the Internet on the Internet, That is, works published on one website are used without authorization by another website. Network-to-network infringement is more often manifested as infringement of the copyright of information resources of other websites. In particular, some commercial sites lack information resources and produce large amounts of information without authorization. Excerpting information from the online version of news media has attracted the attention of many online media; third, the infringement of traditional media by the Internet, that is, disputes caused by unauthorized dissemination of works published in traditional media on websites without the author's permission.
To sum up, the judicial protection of online copyrights is not yet mature, and there are still many problems. If you encounter any unclear issues, you still need to consult a lawyer. , find ways to protect your copyright. If there is anything you don’t understand or you want to know more about other aspects of legal knowledge, the editor recommends that you log on to our Legal Savior Network website for online lawyer consultation. They will provide Detailed answers to your questions.