电子期刊与网络传播者权/李新辉(17)
29．International Law, Chinese IPR Law, and Copyright Enforcement in China Zheng Chengsi 《知识产权研究》第四卷 郑成思主编 方正出版社1997年11月 第71-90页
30．电子商务中的著作权保护 张邵敏 中国知识产权司法保护网 （http://www.chinaiprlaw.com） (2000.9.29 更新)
31．侵犯知识产权民事责任的构成要件 蒋志培 中国知识产权司法保护网 （http://www.chinaiprlaw.com） (2000.11.16 更新)
32．谈“TRIPS”协议第45条肯定的知识产权侵权赔偿的归责原则 蒋志培 中国知识产权司法保护网 （http://www.chinaiprlaw.com） (1998 年2月15日)
33．论知识产权侵权损害的赔偿 蒋志培 （1997.9.8 改完）中国知识产权司法保护网 （http://www.chinaiprlaw.com）
34．美国网络法律研究纵观 北京大学知识产权学院 张平 [天府评论 www.028cn.com] 2001年8月02日
Electronic Periodical and the Right of Internet Disseminator
Li Xinhui
(Yichang Notary Public Office of Hubei Province)
Abstract Generally speaking, Internet Disseminator is referred to the person who communicate information and offer services on the internet, and narrowly-defined one is just the website. Internet disseminator’s activity of communication on the internet has the nature of online publishing in part. But either his activity of independent creation is often prior to his activity of communication on the internet, or his activity of creation is integrated into his activity of communication on the internet, thus the internet disseminator is often internet creator at the same time. As the subject of the internet, brand-new fourth media, internet disseminator should be granted himself to own independent right, i.e. the Right of Internet Disseminator - right of author and neighbouring rights, also known as copyright and related rights, which are entitled to him while he create and communicate the works and program over internet and the information highway like that. I mainly expounded on the necessity of establishment the right of internet disseminator in terms of online electronic periodical: ①Internet disseminator should be conferred to the same right and status as the traditional disseminator have enjoyed legally ②The legal activity of communication of internet disseminator should be protected by law ③Internet disseminator often concurrently has the role of creator at the same time, thus the works and program he himself created and communicated should also be given the protection by law ④It accords with the tradition of copyright history ⑤It meets the requirement of public interests; then analyzed and demonstrated the right of internet disseminator on the aspects as below ①Nature - it belongs to a broadly-defined and special neighbouring right, one kind of compound right which is mainly composed of neighbouring right and including or merging the composition of copyright ②Characteristic - universality of subject, complexity of object, compound and variety of content, and the traditional Exhaustion Principle of Distribution Rights not applicable to it when it contains the right of communication over internet ③Acquirement- the right of internet disseminator is occurred or obtained through the completion of the internet creation and the internet communication, or under the authorization of the copyright owner and or the neighbouring right holder according to the licensing contract of copyright and or the assignment contract of copyright, or through the publication, distribution, and communication of the common sources in the public domain and others' works over internet based upon the statutory requirements of fair dealing and lawful licensing ④Limitation - obligation of the exercise of concurrent copyright, limitation on fair dealing, limitation on lawful licensing, limitation on time of duration, and other obligations ⑤Protection - six kinds of protection methods, namely mediation, arbitration, litigation, administrative protection of the copyright administration, collective protection of the organization for collective administration of copyright, interim measures of judicial authority - injunction and property preservation before instituting legal proceedings, and evidence preservation before initiating legal proceedings; and, expatiated the infringing act and legal liability of internet disseminator. In conclusion, I deemed it should pay enough attention to the right of internet disseminator among the activities of legislation, administration, and judicature.
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