网络传播权探析（Analysis of network communication right）.doc

网络传播权探析（Analysis of network communication right） [Abstract] this article starts with the information infringement case related to the right of information network communication, and discusses how to understand the right of information network communication, and analyzes its concept and nature. This paper puts forward some suggestions on the forthcoming regulations on the protection of the right to information network dissemination in order to promote the perfection of the right to information network dissemination in china. 1 banyan under website infringement information network dissemination rights case This case occurred in Shanghai in 2004: Shanghai RongShuXia Computer Co. Ltd. for the global Chinese original works under the banyan network to the public Im no angel album download and streaming service, by the Warner Music Taiwan Ltd on the court. In May 10th, the Shanghai second intermediate peoples Court of first instance verdict: under the banyan company in addition to the apology published in their business banyan website, but also for their violations to the Warner company to pay 15 thousand yuan compensation. As early as in 2003, Warner company found that on banyan tree website, you can audition or download Im not angel album. The album contains Na Ying sang 10 songs laugh. Warner company believes that banyan under site without their permission to launch the audition, download services, violated the rights of their producers in the right to network transmission. Under the banyan company explained that they provided the album download is to introduce the comment section of music programs and their online Chinese part of the original works, so they should be on the use of the recording works belong to the legal provisions of the rational use situation. But because the site below banyan audition download service, in fact has affected the normal use of Warner Bros. recordings. They led them in the information network on the spread of the recordings and issued th