从法律经济学角度来看,网络著作权具有极强的正外部性,保护网络著作权即是其外部性的内部化。法律往往更为关注损害公共利益的负外部性,而对正外部性较少干预,但正外部性的内部化也会引起公共利益和个人权利的冲突,为避免造成“公地悲剧”,笔者针对我国网络著作权的现状提出了相应的内部化措施。 From the perspective of law and economics, internet copyright has a strong positive externality, and protecting online copyright is the internalization of its externalities. The law tends to pay more attention to the negative externality that damages the public interest, but seldom intervenes on the positive externality. However, the internalization of positive externality also causes the conflict between the public interest and the individual rights. In order to avoid causing the tragedy of the commons, According to the status quo of Internet copyright in our country, some corresponding internal measures are put forward.