The Case Research Of Network Film And TV Works Infringement Judgment

With the advancement of network technology, the increase of Network film and television work copyright infringement case makes the legal protection of Network film and television work as a social problem. The network film and television work is transmitted recklessly in the network and the benefit of related obligee is violated seriously because of the open and anonymity nature of the networks. In view of the confused present situation of the film and television work disseminates in the network, our country is attempting from each aspect to make the adjustment. This article will discuss the judgment of copyright infringement of the network film and television work under this background.The paper briefly reviews the theoretical issues of infringement, clarifies the relevant legal provisions of judging infringement of the network films and television, generalizes the subjective fault of the tortfeasor, list the types of violations, clarifies the imputation principles of tort Liability. Then, the article will select three kind of Network copyright tortuous case of network film and television work, including Internet bar film and television work, website film and television work and P2P film and television work, to research. Internet cafe infringement cases will discuss the tortious act, subjective fault and tort Liability of the Internet cafe operators and the provider of film and television copyright. Based on "charge standard of collective management of copyright films fee" established by Copyright Society of Film, the article analyzes the protection of film and television works of Internet bar. Websites infringement researches how to identify the subject identity of infringement and how to judge the subjective fault of website after "Tort Liability Act". Based on the same cases which have been ruling, the article analyzes the change for applying "Safe haven" rule. P2P software of infringement emphasis on technology neutrality, the article discusses the subjective fault and tort on this basis.Finally, the article discusses the issue of identification of plaintiff which is involved in every infringement cases, and summarizes the criteria of infringement cases. As technology continues to update, the relevant legislation led to the lag. In premise of the balance between technological development and protection of right holders' interests, this paper gives specific suggestions on how to improve related law of tort judgment of network Film and TV products and to promote the network system of copyright protection, in order to eliminate the adverse effects of technological progress, and promote the system of network copyright protection perfect.