The Copyright Dilemma And Outlet Of Video Sharing Web Site

The video sharing websites have to face to the problems of copyright since the very beginning of its birth. With the development of the technology and the increase of the video sharing websites, the CCTV and other large portal websites are joining into the video sharing websites. If the key problems of the legitimacy of the copyright cannot be solved, it will be difficult for the network video industry to survive. And the decline of the network video sharing industry will damage the right of the website users to obtain information. This dissertation tries to analyze this problem from three aspects: the current situation of management of the video sharing websites, the current situation of litigation and the current situation of the judicial practice, and to make suggestions for the legislation and the development of the video sharing websites.The idea of this dissertation is as followings. First, I will research and analyze the current situation of the management of the video sharing websites and fin the root of the copyright dilemma; then I will try to find the practical reasons of the copyright dilemma through the analysis of the legislation (such as the Regulation on the Protection of the Right of Communication of Information on Networks) and judicial practice; at last, I will try to give my suggestions on how to solve the copyright dilemma through the litigation and practice.The chapter one will analyze the current of the management of the video sharing websites. This chapter will analyze the problem from three aspects which are the situation of distribution, the situation of earnings and the litigation risk, and will find out the root cause of the copyright dilemma is the operation model with high cost and low benefit and the direct reason is the main resource if the upload of the users.The chapter two will analyze the current situation of legislation and judicial practice of the copyright problems of the video sharing websites. The analysis of the current situation of legislation will focus on the current legislation of the right of communication of information on networks and the regulations of"safe harbor"and point out the contradictions and defects in it. Legislative defects will inevitably lead to confusion, the two typical cases will show the contradictions of the judgment and phenomenon of the overflowing of the copyright lawsuit. I will analyze the shortage and unreasonable points of the current situation of legislation through the key issues of the cases. In the practice, the lawsuits of copyright mentioned above are usually practiced by risk agent and the lawyers usually ignore the interest of the copyrighter and the development of the video website. This also contributes the overflowing of the lawsuit of copyright. At last, I will conclude the defects of the current legislation.The chapter three will try to find out the way for the video sharing websites to get out of the dilemma. The video sharing websites shall strengthen the prevention of the legal risk, and also the legislation shall give the video sharing website a reasonable living space. About the legislation, the rule of"safe harbor"shall be detailed, the obligations of the video sharing websites shall be clarified and the standard of the"knew or should know"shall be defined. The government shall build the platform of the inquiry and transaction, shall clarify the ownership of the video works so that the burden of the video sharing websites will be lightened and the right of the copyrighter will be protected. The video sharing websites themselves shall increase risk awareness, exercise reasonable care obligations and strengthen the cooperation with the copyrighter to reduce the litigation risk.