Tort Liability Of Video Sharing Websites

Since their establishment, the upload content of video sharing sites is rather bulky. Within some copyrighted video works, especially latest films and television works, constantly showing up, video sharing sites have been suspected of infringing the right of internet dissemination of information, and the prosecutions for these sites infringement cases, in recent years, frequently outbreak in the country. Looking around the legal theory and judicial practice of internet copyright of the countries, whether these service providers should assume liability for infringement, under what conditions them will take liability, and whether the "safe harbor" provisions can be used from liability, these issues are controversial. In this paper, the author attempts to analyze these issues in order to give some suggestions from the theoretical study and trial practice of the tort liability of video sharing sites.This paper is divided into four chapters. In the first chapter, the concept of internet dissemination of information and the nature of video sharing sites are introduced.In Chapter II, the principles of attribution of these tort damages are analyzed, and, on this basis, the standard of subjective fault identified involved in these principles was further explored. Mainly principles of attributable are exemption, no-fault liability and fault liability theory, and the fault liability theory is reflected in our China's current legislation. However, these provisions show that the video site damage liability applies to fault liability, while the expression of the fault are too vague, resulting in the ambiguity of judicial practice. By the inspiration of"Notice– Remove"responsibility, Rational Person standard and the U.S. "Red Flag"standard, the author try, in theory, to summed up several standards of subjective fault from the feasor's external behavior and related issues.The Chapter III introduces the defense of video sharing sites that is whether the video sharing sites can be free from joint tort liability by the Safe Harbor rules. In the present cases concluded the sites mostly lost. Whether the video service provider should be protected by the Safe Harbor rules? What the common relationship between the Safe Harbor rules and the joint tort liability? This is also the problem to be addressed in this chapter. On the analysis of the formation and development of Safe Harbor rules, the legislative and experience of our country, and the corresponding legal practice, conclusion drawn in this chapter: Safe Harbor rules are not to replace the common tort liability, but to be well-designed in joint infringement to protect the qualified video sharing sites'operators from bearing joint liabilities. This rule plays a certain role in the protection of the video sites by making the copyright owners and sites'operators from confrontation to cooperation to jointly cope with the direct infringement. But once the sites'operators cannot meet Safe Harbor rule, this partnership will be destroyed, while copyright owners demand them to bear joint liability again.In the last chapter, on the basis of the issues of tort liability of video sharing sites previously mentioned, the authors make several recommendations to solve such problems. The paper summarizes both the legislative and technical measures: Legislative measures are reasonable definition of the concept of internet service providers for video sharing sites to accurately apply the principles of responsibility, to improve the subjective elements of Safe Harbor rule, And to delete the content of "Regulations" Article 22, paragraph 4 to clear standards for subjective fault to accurately apply the Safe Harbor rule; Technical measures is to change the business model of these sites and positively and fully cooperate with the copyright owners, while the problems caused by technology can be solved by the further development of the technology , in order to take them out of the difficulties of the violations of the right of internet information communication.