On The Copyright Infringment Of The Video Sharing Website

With the development of network technology, the Internet has penetrated all aspects of people's lives. Video Sharing Sites bring people convenience while face vary difficulties of litigations leading to more and more concerns to the copyright of attention in the online world. Copyright infringements of Video Sharing Sites seriously affected the development of the industry, so for the study of the problem is particularly important. In this paper, case studies, theory with practice and other methods are all allowed to study the problem of copyright infringements of Video Sharing Sites.Firstly, the nature of Video Sharing Sites and the liability of copyright infringements is analysed. The tort liability of Video Sharing Sites include direct tort liability and indirect tort liability that is the focus of author's study, which consists of the concept, the system and the affirmation of indirect infringement. The "knows" meaning clearly which help form the elements of infringements , with the replacement of"Direct Economic Benefits"of infringements, are the focus of controversy.Secondly, the limited liability terms that is the "Safe Haven" rule of Video Sharing Sites is analysed. It Includes two aspects: the origin, the content and application of the "Safe Haven" rule; the study of "Red Flag Standard" of the exception in the "Safe Haven" rule. There is a controversy about "Red Flag Standard" is an imputation element or a disclaimer element. They are both all not . About the affirmation of the "Red Flag Standards", we should note that judging the"knows"from the view of rational people and thinking about the ability of Video Sharing Sites when the infringements occurred.Lastly, It is about the lack and the improvement in the provisions of the infringements of Video Sharing Sites. "Information Network dissemination Ordinance"(2006) is the most important law to solve the problem of copyright infringement of Video Sharing Sites, but it is still insufficient. we should clear the two elements of "Alternative Infringements", judge the"knows"from the view of rational people, define clearly the deleted rules but not blindly follow the "the Digital Millennium Copyright Ordinance" (US), and be based on our developments of video sites to analyze specific issues. "Tort Liability Act," (2010) network infringement liability was provided at the first time in the form of a basic law, in which Internet specifically articles provide a new legal remedy means for copyright infringements of Video Sharing Sites. But there are still problems. For example, the subject, the object, the form, and the content of the notification are not specific, and some words are not clearly defined, etc., which still need following judicial interpretations. Some suggestions about copyrights protection of Video Sharing Sites in legislation, technology are came up . It is hoped that it's useful for solving the problems in the judicial practice.