Earticle

초록

영어

Today's rapid development of Internet technology is creating a new paradigm among copyright holders, rights holders, users and distributors. The development of technology affects the development of culture and related industries by distributing works easily and quickly. At the same time, some of the works that were created also infringe on copyrights. This means copyright holders and rights holders suffer economic losses. The Copyright Act has not only protected the rights holders but also protected the users to promote the development and creation of the culture over time. Copyright infringement occurs when a work is used without the permission of the copyright holder. Until now, only direct infringement has been regarded as copyright infringement. However, advances in the Internet and cloning technology have turned copyright infringement into an environment that anyone can easily do. As a result, with the increasing number of situations in which the right does not receive sufficient relief even if directly punishing violators, lawmakers have begun to think about indirect infringement principle. In order to secure the effectiveness of copyrights, the purpose of the indirect infringement principle was to operate as a supplement to the extent that the copyright law was not expanded unfairly. Indirect infringement, unlike direct infringement, is entirely determined by legislative policy whether it must be protected and to what extent it should be viewed as indirect infringement. So the contents of the legislation are bound to differ from country to country. In China, the Internet developed rapidly before the recognition of copyright protection was properly established, for that reason, the Internet was pointed out as the source of copyright infringement as the circulation of works through the Internet use has soared. In order to prevent and supplement such encroachment, the Chinese judiciary has steadily prepared relevant laws to actively recognize indirect encroachment for Internet service providers and P2P providers. In addition, relevant legislation was carried out in various forms. In this study, it can be seen that the Internet service provider's intentional or negligence is judged on the same basis as its indirect infringement judgment.

목차

Abstract
1. 서론
2. 간접침해이론
3. 중국의 간접침해 규정
3.1 민법
3.2 불법행위법
3.3 저작권법 및 실시조례
3.4 사법해석
4. 중국 내 간접침해 관련 법원 판결
4.1 11개 음반회사와 베이징 아리바바 저작권 침해 사건
4.2 화챵에니메이션회사와 광저우 메니지먼트 회사 저작권 침해 사건
4.3 쫭저동과 상하이인즈인터넷기술유한공사 저작권 침해 사건
4.4 콴티크사와 아이치이공사 저작권 침해 사건
4.5 소결
5. 시사점 및 결론
참고문헌

키워드

저자

• 황선영 [ Hwang, Seon-yeong | 동아대학교 법학연구소 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  Journal of China Studies

• 간기

  계간

• pISSN

  1975-5902

• eISSN

  3022-5590

• 수록기간

  2006~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 912 DDC 951