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The Study On Issues Of The Video Sharing Website Copyright Infringement

Posted on:2010-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2166360275960695Subject:Law
Abstract/Summary:PDF Full Text Request
As a particular right of the copyright in the New Technological Age, the right of communication of information on networks is drawing more and more attention. Although there is a clear definition in the Copyright Law of People's Republic of China which was first adopted, and there are also a set of related laws. However, the knowledge result has invisible characters and can be subjected to a benefit, and can't be in the control of occupying material form and expel others, so the right conflict produces. Thus, as the appearance of the Video Sharing Website, a great deal of movies have been spread via network without any permission from the obligee. But in view of collecting evidence, the capacity of compensating and some other factors, the obligee tends to indict the website instead of the person who committed the infringement. And the latter always refute the opponent by the reason of "network space provider", the game between them ends with reconciliation.According to those, this text tries to offer some advice to the theory and judicatory practice by making analytical of NuCom Online International Co., Ltd sue Shanghai TuDou Network Technology Co., Ltd. for copyright infringement.The article is divided into four parts: the first part is the cause of action and brief introduction of the case.The second part is the broad focus of the dispute, which will be particularly analyzed in the next part: affirm the liability of the remedy of damages of the copyright infringement committed by the Video Sharing Website; the application of the "notice and takedown" exception clause; the way to determine the sum of the compensation.Among them, there are some regarding disputes over the first issue, including both liability with fault and liability without fault, the latter two are ordering take inquiry into verdict method of this kind of cases occurred these years. The "notice and takedown" is the result of learning from the American law, but there still remained misunderstandings about the character and effect of the notice and the determine of subjective fault of the website as the defendant. Therefore the courts all over the nation used different standards. As regards the method of calculating the amount of compensation, due to the complexity and the specificity, the mode of trial or innovation used by the courts for usual are all worthy of studying carefully. Part IV is the conclusion of the study, by the analytical argument to three above controversy focuses, the writer gives opinions. To the copyright infringement committed by the Video Sharing Website, the liability with fault principle need to be applied first. For the exotic of "notice and takedown", we have to decide whether to use it or not on the basis of determining of subjective fault and combining the spirit of law with individual case, especially do clarify the character of the notice. In consideration of the failures to prohibit the infringement, this problem can't be resolved just by applying the compensatory damages to calculate the sum of the compensation. At last, the writer make some suggestions about the case to the legislation and judicatory practice.
Keywords/Search Tags:The Video Sharing Website, Liability with fault, Notice and takedown, The amount of compensation
PDF Full Text Request
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