试论网络作品著作权的侵权和保护

Tort and Protection of Network Copyright

网络作品著作权保护问题随着今年以来的数起侵权案的审理而现实地摆在我们面前。网络作品也属于《著作权法》保护之列 ,应该依法加以保护。但网络这种新兴媒体有其特殊性 ,如果一律按现行《著作权法》对有关侵权行为进行调整 ,将对正处于发展中的网络媒体产生消极影响。应该结合《著作权法》和网络的特性 ,对网络作品著作权加以保护。

Recently several cases concerned with network tort have been adjudicated and we confront the problem of network copyright protection.The network works should also be protected in accordance with the Law of Copyright.However,network is a kind of new medium that has its own specific characteristics.If all network torts have been dealt with in the same way according to the present Law of Copyright,it will make negative effects on the developing network.Thus,we should protect network copyright in combination with the Law of Copyright and the characteristics of network.The most important thing is to draw up the related laws as soon as possible.