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Case Study On Video-sharing Website Infringement

Posted on:2011-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y L MengFull Text:PDF
GTID:2166360308953353Subject:Law
Abstract/Summary:PDF Full Text Request
The netizens can upload and publish video works by video-sharing websites easily. Among these video works, most of them are uploaded by users who infringed the rights of the owners. In the light of cases which has occurred from home and abroad, video-sharing websites were often involved in the copyright disputes, and the copyright problem has become the bottleneck of the development of these video-sharing websites.The paper consists of three parts or four chapters: The first chapter as the part of the theory. In the second chapter, the writer analyzes two domestic cases, concluding that the "byelaw" has no classification for the ISPs, which makes some scholars mistakenly had an idea that as long as the website verifying works the websites should take direct infringement responsibilities. The author put forward that: if the website edit, modify or change video works in the verifying process, it can be regarded as video "final publishers" because the website actually belong to "content provider". If the website has not changed the works in the verifying process, website is considered as ISPs who provide storage space for users by the "byelaw" regulation. According to the theory of indirect copyright infringement, only if it has subjective fault, it should takes the responsibilities. In the third chapter, the writer analyze two cases happened in the USA, listing the threshold and specific conditions when the ISPs want exempt from the responsibility according to the"safe harbor"regulations stipulated in DMCA.The fourth chapter is the conclusion part. The author puts forward that the websites operators shall comply with PRC law, regulating their business activities, actively establishing copyright filtering mechanism, and cooperating with the copyrights owners against piracy, jointly creating a healthy Internet space.
Keywords/Search Tags:video-sharing, indirect infringement, safe harbor
PDF Full Text Request
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