UM E-Theses Collection (澳門大學電子學位論文庫)


Research on the protection of network copyright due to foreign infringement from the view of international private law

English Abstract

ABSTRACT In the twenty-first century, the infringement to network copyright is becoming more and more serious, due to the modification of the internet technology, the rapid development of network media and lagging legislation with regard to network. How to proper legally protect the network copyright due to foreign infringement, is becoming an very important issue for the scholars and legal professions . The proper legal protection to the network copyright doesn't only need us to consider the latest legal theories or breakthroughs on legal applications in the general torts field, also need us to find a new solution adaptable to the practice demand with unique dissemination characters through network. In our opinion, researching the relevant theory or facts on the network copyright, the reasons or current situation of the infringement to network copyright and the related international legislations on network copyright, comparing with the relevant legal systems for infringement to network copyright between China and US, and discussing the relevant solutions to network copyright due to foreign infringement, are a proper and applicable methods to such issue. The main contents of this paper include five parts. Chapter 1 of this paper is General Theory on Copyright Infringement under Network Environment, in which we will analyze the concept, object, natures, elements and principles on the network copyright. Chapter 2 is Legal Issues Regarding Copyright Infringement Involved in the Foreign Elements under Network Environment; in which we will summarize some key issues regarding copyright infringement involved in foreign elements under network environment, including relevant disputes on substantial law and conflict of law. Chapter 3 is Comparative Study on Network Copyright Infringement between China and the US, in which we will do a full analysis on network copyright Infringement between China and the United Sates, such as the object, behavior nature, imputation principle, identification of categorization, defense system and legal remedies. Chapter 4 is Suggestions to Network Copyright Infringement, in which we will make some solutions. Chapter 5 is Case Study, in which we find and analysis one domestic and several foreign relevant case to prove our suggestions. The last part is our Conclusion. KEY WORDS: INTERNATIONAL PRIVATE LAW, COPYRIGHT, NETWORK INFRINGEMENT, LEGAL PROTECTIONS

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Shi, Jin


Faculty of Law




Copyright -- Electronic information resources -- China

Copyright -- Electronic information resources -- United States

Copyright and electronic data processing -- China

Copyright and electronic data processing -- United States



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