Study On Copyright Infringement By Video-sharing Site

As a new thing in the new century, the video-sharing site similar has both sides like the other things. It has brought us convenience also gives us a challenge, the problems arose from infringement of copyright by video-sharing site is one of them. As one hot issue, the infringement of copyright by video-sharing site arise extensive attention. Study of the infringement of copyright by video-sharing site is not only necessary, but also has important theoretical and practical significance. In this paper, thorough the "xinchuanzaixian" versus "tudou" case, it first introduced by the analysis on the merits, refining the focus of a case involving the issue, and then combine the theoretical knowledge, to focus on a systematic analysis of the issue, so as to arrive this article conclusions. This article includes the following parts: First, this article describes the cases as necessary, including the case, the courts, and a focus of controversy, etc.; second, defined the copyright infringement of the video-sharing site; and third, a detailed study of video-sharing site to determine acts of copyright infringement, including direct infringement of the judge, indirect infringement, and to determine the effectiveness of notarial evidence in network environment etc. . Among them, direct to determine some of violations, including "active upload behavior" and "pre-review of the indirect upload behavior" two aspects; indirectly, to determine some of violations from the judge of the "knowledge should know", "infringement notice after the laissez-faire behavior "as well as the video-sharing site review and monitoring obligations in litigation practice focuses on the" fault found "the relevant rules; Fourth, made a systematic study of the video sharing site on Civil Liability for copyright infringement , the main contents include the tort liability system, tort liability exemption and the applicable rules two aspects. Among them, from the "safe haven" system, "clearly marked duty ", "not to change the client's work," "without the direct economic interests," "do not know if there is no reasonable grounds to know that infringing works to provide clients" and " notice and delete "of obligations described in detail several aspects of tort liability exemption and the applicable rules; fifth, conclusions.