The Exemption Of Copyright Indirect Infringement Liability Of Video Sharing Website

Video Sharing Website copyright issues involved are very complex, related to the copyright holders, Internet service providers and network users to the general public as represented by three of the main conflicts of interest between and balance. In dealing with this issue should be noted that in protecting the legitimate rights and interests of copyright holders at the same time taking into account the right of public to obtain information, for the emerging Video Sharing industries should not only regulate but also encourage its developments. Video Sharing Website's copyright indirect infringement liability exemption rules could serve as the above-mentioned functions, which should be properly understood and applied by network service providers in operation process and the courts in cases of such disputes.This thesis, on the basis of developed countries relevant legislation, in close connection with China's current legal system and judicial practice, researches on the content and function, subjective and objective elements of the Video Sharing Website's copyright indirect infringement liability exemptions, application of such important issues as to conduct a more intensive exploration to promote China's relevant legislation and improve the administration of justice.In addition to the preamble and conclusions, this thesis is divided into three parts.Part I: The content and function of the exemption of copyright indirect infringement liability of Video Sharing WebsiteThis part mainly introduces the types and responsibilities of the Video Sharing Website's copyright infringement, the content and function of Video Sharing Website copyright indirect infringement exemption, and the instance of legislation of Video Sharing Website's copyright indirect infringement exemption. First of all, in the information network environment, the video-sharing site may be involved in two types copyright infringement, direct infringement and indirect infringement. The former refers to the Video Sharing Website directly uploaded the infringing videos to their network systems, the latter refers to Video Sharing Website for the implementation of direct infringement of Internet users have known, and to provide assistance to their violations. Secondly, in order to prevent Internet service providers bear a disproportionate share of liability in order to promote network investment and new technology development, the copyright indirect infringement liability exemption rule that makes the Video Sharing Website's Internet service provider operators in accordance with technical standards, so that they do not have to take liability for their commitment to the damage."Safe Harbor Rule"is meant to balance the information network environment, the copyright holder, network service providers and to the social network users represent a conflict of interest among the public in order to encourage technological innovation and the promotion of cultural transmission.Part II: The subjective elements of the Video Sharing Website's copyright indirect infringement liability exemptionsThis part introduces the understanding and application of the subjective elements of the Video Sharing Website's copyright indirect infringement liability exemptions."Red Flag standards"refers to if the Video Sharing Website do not know on-line information or activity constitutes infringement, or do not know clearly reflected infringing activities, could be under the"Safe Harbor Rule"exemption from liability for damage claims. Thus,"Red Flag Standard"subjective test that contains two standards: one as to whether"actually know"and the other one as to whether"have reason to know"."Actually know"means that the parties actually subjectively aware of the existence of violations; and"had reason to know"is that as long as people get enough to reasonably infer the existence of information on violations in law deemed to have been on the"aware"of the infringement, the court will no longer need to look at the defendant subjectively aware of the real abuses. Indirectly, in the Video Sharing Website copyright infringement issues, to determine whether the network service provider"actually know"the existence of direct infringement, mainly to study whether it knows the infringing video with the existence of the relevant facts, and copyright infringement notice were closely related."Have reason to know"should be determined by whether the network service providers have carried out a reasonable duty of care to the specific judged. Internet service providers'duty of care include: alerts and regulatory obligations, preventing the same violations repeatedly uploading, and a higher duty of care for the popular film and television video, and so on. Furthermore, network service providers don't have a general obligations of copyright review for its network system.Part III: The objective elements of the Video Sharing Website's copyright indirect infringement liability exemptionsThis part studies the understanding and application of the objective elements of the Video Sharing Website's copyright indirect infringement liability exemptions."Notice and Delete Rule"means when the copyright holders send out effective infringement notice to the Video Sharing Website, warning there is infringement of its system information, Video Sharing Website on the in time to delete or shield the relevant information, then cohld remove the indirect infringement accountability."Notice and Delete Rule"is the most important elements of the objective elements of the Video Sharing Website's copyright indirect infringement liability exemptions, which provide not only the elimination of copyright infringement and timeliness of the network , easy way to relief, but also greatly reduce the network service providers to monitor the obligations of Internet users, but also conducive to safeguarding the majority of Internet users. In the specific application of"Notice and Delete Rule"in order to protect the freedom of public access to information and Video Sharing Website's operator, the holder's copyright infringement notice only meets the conditions stipulated by law could hinder the Internet service providers access to the"Safe Harbor". The timely and effective for the protection of copyright holders to prevent the expansion of violations and punish those responsible, a notice of infringement simply specified been infringed works and to delete or disconnect the infringing content and to provide reasonable and sufficient to enable network service providers to find clues infringing content can be identified as eligible.