Study Of Copyright Infringement System For Live Streaming Platform

Nowadays,a quite mature value chain has been created in the live streaming industry.All links and players across the chain are closely knitted by way of labor division and coordination,value conduction,information dissemination,interest distribution,etc.,all of which run through the entire process of live steaming activities and give birth to a stable ecosystem for the industry.In this ecosystem,live streaming platforms are at center stage,playing a leading role.To protect copyrights in the context of live streaming,we must conduct research on the copyright infringement systems for live streaming platforms and identify reasonable liability determination rules for copyright infringements of live streaming platforms on top of the research on the regulation of live streaming behaviors and on the identification of content of live streaming through copyright laws.By looking into the patterns of live streaming activities and live streaming platforms and making theoretical analyses on the US model,the source of rules currently in effect in China for copyright infringements on live streaming platforms,and the Chinese model,the foundation of domestic rules,this paper explores the status quo,the dilemma and the underlying causes of the copyright infringement system for live streaming platforms in today's Chinese model,and proposes countermeasures aimed to reshape the copyright infringement system for live streaming platforms from the new perspective of security obligation.Specifically divided into five chapters.Chapter 1 is a study of the patterns of live streaming activities and live streaming platforms.It looks primarily into the definition and type,the origin and rise and the current developments of live streaming,sorts out the operating models and basic characteristics of the live streaming industry,and reviews the type,regulation and hot spots of copyright infringement acts on live streaming platforms.Live streaming platforms are operators that provide live streaming participants with software and hardware services and virtual sites for them to conduct various live streaming activities on the internet.In light of the operating models of live streaming platforms,this chapter examines the relationship model between live streaming platforms on one side and live streaming guilds and hosts on the other side,the content production model and the income distribution model of live streaming platforms and explores the legal nature of live streaming platforms under the copyright law.Chapter 2 conducts in-depth research on the US model as a source of the norms currently in effect in China for copyright infringement system on live streaming platforms.Firstly,it looks into the theoretical foundation of the US model,namely,the direct infringement-indirect infringement dichotomy theory underlying traditional copyright laws and the indirect copyright infringement theory in the context of internet.Secondly,it examines the domestic and international background against which the US model came into being.This chapter is focused on studying the rules system,main content and institutional mechanism of the US model.The institutional mechanism under the US model covers the institutional structure,inherent logic and interaction of such rules as “safe harbor”,“notice and takedown”,exclusion and special obligation clauses.Based on case studies,this chapter also explores the judicial practices under the US model with regard to copyright infringement on live streaming platforms.Chapter 3 examines the Chinese model as the foundation of domestic norms dealing with copyright infringement on live streaming platforms.The copyright infringement system for live streaming platforms is lacking in independence and is embedded in and attached to the general infringement liability rules for internet service providers.This chapter explores the earlystage legislation efforts for copyright infringement systems before the Chinese model emerged as well as its reference to the US model and formation and development in general.Meanwhile,it makes analyses on the characteristics,theoretical construction and rules system of the Chinese model,including largely the expansion of the scope of subjects and the object of rights,the formal compatibility with traditional civil law theories,the development of fault determination rules and the necessary measures theory.This chapter also explores the impact on the Chinese model of typical cases of infringement by new types of internet service providers because of innovation in the type of internet service business in recent years.Chapter 4 examines the status quo,dilemmas and underlying causes of the copyright infringement system for live streaming platforms under the Chinese model.Firstly,it looks into the ought-to-be logic of the rules for legal application and liability determination under the copyright infringement system for live streaming platforms in China and proves the logic through concrete case studies.Meanwhile,it sums up the problems revealed in judicial practices.In view of the problems unresolved by judicial practices and the characteristics and business models of live streaming platforms,it summarizes the main dilemmas faced by the copyright infringement system for live streaming platforms under the Chinese model,namely,the inability to distinguish direct infringement from indirect infringement,the difficulty to determine faults,the failure of the “noticenecessary measures” rule,etc.In addition,this chapter explores the causes of these dilemmas: On one hand,the Chinese model has its origin in the US model,whereas the US model is riddled with many institutional limitations,such as the inherent limitation to have necessary conditions for its establishment,the necessity for the “notice-takedown” rule to have the possibility to be put in place,the excessive reduction of obligations on the part of internet service providers,etc.On the other hand,the Chinese model has its own structural limitations,too.The rigid modification of the conditions for exclusion of liabilities is a fundamental cause of such limitations,while the abuse of the “notice-necessary measures” rule is a direct one and the lack of vicarious liability a negative one.The causes on the two sides interact and jointly result in the current dilemma of the copyright infringement system for live streaming platforms in China.Chapter 5 proposes measures to reshape the copyright infringement system for live streaming platforms.Firstly,it reflects on the positive and negative aspects of the Chinese model,summarizes the efforts of the academia to explore paths to reconstruct the Chinese model,and points out the extensive consensus to give up the US model as an exemplary system.Secondly,it taps the theory on security obligations under traditional civil laws,points out the need to incorporate infringement systems for internet service providers into the system of security obligations,analyzes its legitimacy in jurisprudence,consistency in terms of behavioral types and experience under comparative laws,and points out the need to renovate the methods to assume liabilities under the current security obligation system and introduce vicarious liabilities in ushering in the new system.Focally,this chapter makes planning for the construction of the copyright infringement system for live streaming platforms in the context of the security obligation.Firstly,it identifies the source of the security obligation for the system;secondly,it looks into the core of the system,i.e.the content and scope of the duty of care,including the need to make reasonable trade-off with respect to existing institutional resources,to perform the obligation to check content on a voluntary basis using content screening technologies,to strengthen cooperation with right holders in such areas as developing copyright databases,creating online authorization systems and applying latest technologies,and to tighten ex post management and integrate it with routine supervision.Thirdly,it studies and designs the conditions for live streaming platforms to bear liabilities for direct infringement under the new perspective aforesaid and to bear joint and several liabilities and vicarious liabilities when third parties intervene.