关于网页著作权相关研究.doc

摘 要 网络时代的到来令人们的工作生活出现了翻天覆地的变化在著作权人的专有权区域内，，作为对著作权的限制 ABSTRACT The advent of the network has brought about great change into our life. However, it offers a challenge to our department law in different extent because law has its’ limitations and netwok possess the distinctive features of virtuality and speed rapidness. On the open and paperless network, the spread of achievements of human civilization are accelerrated and the scope of communication is expanded. Websites are the most important carriers in transmission of information in modern society, and webpages are the basic elements.under the principle of copyright law, a work will be protected by copyright when it is an original and copiable creation in art, literature and science. Originality, duplicability and intelligence achievement are legal constitutive requirements which a work should take. According to the copyright law , if a webpage held these three characteristics, it can be the subject of copyright protection. In recent years, many disputes concerning with the copyright of webpage have occurred at home. However, china’s law and administrative regulations provide no clear rules on the copyright protection of webpages. Therefore it makes a lot of trouble when national judciary dealing with legal disputes about webpage copyright. It is not clear that which type of work a webpage is,what infringing form it has, and how the cour to govern. With vigorous development of networks,we need to clearly examine the legal characters of webpages, and then take a effective legal protection to webpage. Except the introduction and the conclusion, this article is divided into 4 chapters. Chapter one discuss the overview of webpage copyright.this chapter starts from the analysis of “BeiJing ChuangLian v.BeiJing HuiMeng” case, then introduce the webpage concept, webpage type and webpage properties, and so on. Chapter two examines the elements of infringment act about webpage copyright and the jurisdiction of the court