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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

Infringement and protection of Internet copyright in China

English Abstract

The rapid development of internet technology, on the one hand, has brought great convenience to people's life and promote the exchange of the human thought, on the other hand, the Internet also provides a new and more efficient method to create and transmit wonderful works, it take people into a new creative space. However, while the internet brings great convenience for people’s life, it is also a huge challenge to the traditional civil law and even the whole legal system. Particularly, the copyright law legal system is especially strong impacted, the internet infringement occur frequently. Therefore, how to protect copyright owner’s rights and encourage the technology innovation is an important topic in internet environment. With the slow start in internet technology and fast development in populated netizens of China, unsound laws and regulations contribute to the particularly serious problem. Based on the conventions of other countries and relevant international organizations, China has been attempting to update its intellectual property law to address online copyright infringement issues. This thesis deeply explores the infringement and protection of internet copyright in China, a significant market with an enormous population of network users. For analyzing the topic thoroughly and reaching valuable improvement suggestions, Firstly, the article brief introduce the internet copyright and the copyright protection in the international level and others national countries, including the United States, Europe and China, and analysis several economic rights of internet copyright as well, including the reproduction right, the right of communication, protection of technological measures and the rights management information. Secondly, the thesis analysis the infringement and liability of internet copyright, this part is especially comparative analysis with the United States, because the United States is the first attempt in the world to address the issue of ISPs’ liability, and The indirect liability model of the United States has influenced many jurisdictions including China, the major contend of this part are safe harbor principle and knowledge standard and the xi exemption of copyright infringement. Thirdly, the thesis in the following part mainly examines remedies and protection of internet copyright, including judicial, administrative and social protection. Last but not least, the thesis will propose some suggestions of internet copyright protection in China.

Issue date

2015.

Author

Wei, Yan Mei

Faculty

Faculty of Law

Degree

LL.M.

Subject

Internet -- Law and legislation -- China

Copyright -- China

Copyright infringement -- China

Supervisor

魏丹

Files In This Item

Full-text (Intranet only)

Location
1/F Zone C
Library URL
991000641539706306