Indirect Infringement Liability Of Video-Sharing Web Sites

As the development of the internet technology, the phenomenons of the video-sharing web site infringement increasingly sharpen. There are many problems, When Our country absorbed good parts of European and American video infringement states. We lack the legal rule for indirect infringement, the"knowledge"requirement is ambiguous, the transfer of vicarious liability is not intact.This article analyze some judgments about infringement of video share site in connection with the problems of legislation and juridical practice ,and draw a quite artificial distinction between direct and indirect infringement for many conducts of internet service provider. At the same time, the writer give a detailedly explanation of the video sharing web site infringement states of the European Union and World Intellectual Property Organization and the case about Youtube in America .And on the basis of this , the writer put forward improvement suggestion for the video-sharing web sites in our country. At the first, we should frame effective bill to definite system of indirect infringement liability of video-sharing web site .Secondly, the government reduce the requirement of service providers monitoring its service in order to protect the development of the internet. In the"knowledge requirement", use"the red flag requirement"to balance the interest of service providers and the copyright owner. Thirdly, Copyright Bureau strengthens examining for takedown notice to prevent the abuse for the rule of the takedown notice. At the last, we should bring about the balance of various subjects, the writer find that we should through partnership, cooperation, and good faith efforts to deal with the conflict of the various subject, this is objective of this text.