网络环境中著作权侵权问题研究

A research on the infringement upon copyright under internet environment

我国2010年实施的《侵权责任法》第36条,在定义有关网络侵权行为和保护模式方面与以前相关法律法规有新的发展,在一定程度上颠覆了以前的规定;但由于其过于原则性的规定,从现阶段出现的大量案件来看,复杂的著作权网络侵权行为还未能得到有效规制。著作权网络侵权行为在本质上虽同于传统的侵权行为,但显然也具有其独特的表现形式和规制特点;因此,应根据不同的侵权主体来加以区别规制。

With the rapid development of science and technology, how to balance the interests of copyright owners of internet works with of the internet content and service suppliers and of the public has become an urgent and tough challenge. The digitalized science journals become internet works when interacting with internet. Therefore, how to restrict the infringements on internet works is an important task for science journals as well. The internet infringements and protection modes have been newly defined and partly overturned in article 36 of Tort Law which was enforced in 2010. However, regard to the large amount of the new types of cases, complicated infringements on internet works are not effectively restricted due to the article＇s unspecific expression. Although the infringements on internet works have no difference from the traditional infringements in essence, subjects of tort shall be restricted differently because of their unique forms and features.