The Study On Issues Of The Video Sharing Website Copyright Infringement

With the rapid spread of broadband and 3G era,the Internet has become a reality when people rely on the Internet entertainment anytime and anywhere,and the video sharing network represented by the development of entertainment applications has become the mainstream of the Internet business model.Since 2005 the United States have emerged the Video Sharing Website.It has flourished around the world quickly, including China.As a new thing,it has brought us convenience and also give us a challenge,the problems arose from infringement of copyright by the Video Sharing Website is one of them.The infringement of copyright by Video Sharing Website arise extensive attention.Studying of the infringement of copyright by Video Sharing Website is not only necessary but also important theoretical and practical significance.This paper consists of five parts:The first part is an overview on the Video Sharing Website.Firstly this section analyzes the type of network service providers,and then analyzes the type of Video Sharing Websites.Finally,analyzes the nature and characteristics of the Video Sharing Website.The second part describes the tort liability theory of the Video Sharing Websites.Including direct infringement and indirect infringement.Because the direct infringement is relatively easy to identify,so focuses on the indirect infringement of the Video Sharing Website,the paper discusses the common law and civil law take on the Video Sharing Website based on different theories of tort liability,and then identify the constituent elements of indirect infringement in our judicial practice,this section is the theoretical innovation of this paper.The third part introduces the condition that the Video Sharing Website often disclaime relaying on the "safe harbor rules". This section details the legal nature of the "safe harbor rules" and the provisions of relevant legislation.The fourth section describes some problems in which identified the "safe harbor rules" in the Video Sharing Websites for copyright infringement.Including how to correctly understand the "safe harbor conditions" of the effectiveness,the changes on the uploaded information, the Video Sharing Website on the economic interests of service providers, the application of the "notice and takedown". How to identify subjective fault.This is also the innovation of this paper.The fifth part introduces how to slove the problem of the Video Sharing Website copyright infringement.Proposed "indirect infringement" of the rules of statutory.Affirm what is the economic benefits. Improve the notice and takedown programs.Affirm the liability of the remedy of damages of the copyright infringement committed by the Video Sharing Website. Affirm the way to determine the sum of the compensation.