The Case Study Of Film And TV Network Timing Broadcast Infringiment

The case of Network copyright infringement disputes covers almost all work types. Meanwhile, tort works change from the early type of written works and picture works to the music, movies and other fields. Film and television works has become the main object of network copyright infringement.From direct and indirect infringement aspect, this paper puts emphasis on analyzing the copyright infringement liability that network TV service providers timing broadcast film-and-television works. First of all, in the copyright case that Cheng Gong Company suits Shi Yue Company, the author think that the infringement film-and-television works are uploaded by the defendant, so the author think that we should choose one of information network transmission right ", "broadcast rights" or "by the copyright owner shall enjoy other rights ".Secondly, In the copyright case that Ji Dong media Company VS Ju li media Company, due to infringement film-and-television works are not stored in the defendant server, so in the premise analysis of indirect infringement, the author points out the distinguish between "user perception criterion" and the "server standard", analyzes whether the defendant has infringement of subjective fault, and deduces that the case should use tort liability analyzing defendant from the Angle of indirect infringement, thus the paper puts forward to some Suggestions for the third cases.Again, In the copyright case that Le Shi mobile media Company VS Shanghai media Company, the author analyzes the court in "user perception standard" recognized the defendant timing broadcast tort whether properly or not. In a previous case analysis, the author gives a suggestion that we can use theory of joint and several liability supplements to recognize tort liability of network TV service providers and third party sites.Finally, summarizing the analytical case, the author produces regularly broadcasting flowcharts and combines flowcharts in order to summary the point of this article, giving some Suggestions about the network TV host's behavior.