Cause Analysis And Countermeasures Of Chinese Video Websites Copyright Infringement

Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder'"s exclusive rights, such as the right to reproduce or perform the copyrighted work, spread the information contained within copyrighted works, or to make derivative works. It often refers to copying intellectual property without written permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator.Copyright infringement is the biggest problem of the video website. It's due to the lack of strong constraints of the laws and regulations. If any video websites, without authorization, directly upload film and television works to a server to be shared by subscribers, and do editing and verification in advance on the infringing videos uploaded by subscribers, it is regarded as "direct infringement". However, the overwhelming majority of video websites provide information platforms for subscribers to automatically upload videos, and in such case, how to determine the tort liability of those websites remains ambiguous.So the paper firstly introduced presently copyright infringement status in China and some argument about it. The Regulations on Protection of the Right of Communication through Information Network of China impose harsh liabilities on video websites by incomplete reference to the US "vicarious liability", consequently hampering the development of normal business. It shall be reasonably identified whether the operator of a website "should have known" there exist infringing videos uploaded by subscribers according to the "Red Flag Test", in reference to the columns set by the video website. In condition that a mature and effective filtering technology has been accepted by the market, it shall be taken as the subjective fault for a video website to refuse shielding the uploading of infringing videos with such technology.These types of intermediaries do not host or transmit infringing content, but may be regarded in some courts as encouraging, enabling or facilitating infringement by users. These intermediaries may include the author, publishers and marketers of peer-to-peer networking software, and the websites that allow users to download such software. Torrent files don't contain copyrighted content, but they may make reference to files that do, and they may point to trackers which coordinate the sharing of those files. Some torrent indexing and search sites, such as The Pirate Bay, now encourage the use of magnet links, instead of direct links to torrent files, creating another layer of indirection; using such links, torrent files are obtained from other peers, rather than from a particular website. Moreover, the internet service provider must accommodate "standard technical measures" used by copyright owners to identify or protect copyright works.To identify and terminate repeat infringers, a internet service provider need not affirmatively police its users for evidence of repeat infringement. Moreover, the DMCA requires reasonable, not perfect, policies. Further, the tracking and blocking of IP addresses are problematic. IP addresses identify a particular machine but do not distinguish between users. In other words, multiple users may share a computer.Video website had the right and ability to control the infringing activity and it received a financial benefit directly attributable to such activity. Video website did not have the right and ability to control the infringing activity. As such, the second element was not addressed. Video website does not encourage copyright infringement and that it was impractical for it to pre-screen every submitted video. A distinction was drawn between the right and ability to control a system and the right and ability to control infringing activity.Video website that relies on content submitted by its users open themselves to copyright liability. Managing and minimizing this risk should not be ignored. Developing a strong DMCA policy, taking active steps to limit infringement, and relying on the DMCA safe harbour provisions are critical.