Video Sharing Site Copyright Tort Liability

Video-sharing website refers to a type of website on which users can upload their own video files for sharing purpose. It attracted tremendous users and is enjoying rapid development by its strong interplay and rich content. However, features like strong interplay and great freedom made the websites get involved in copyright litigations frequently.The discussion of the essay centers on the value of balancing interests in the internet age. The essay is trying to propose a regime for video-sharing websites copyright infringement liability, which can properly fit the internet development of China by comparing relevant legal regimes of China and U.S. A proper regime should strike a balance between copyright holders and video-sharing websites. In essence, there should be a balance between personal interests and social welfare.With a comparative perspective, the essay will address the issue by applying study methodology like comparative analysis, case study and statutes analysis. It will not only try to illuminate the current law, explaining what the law is like, but also try to propose some suggestions according to the problems within the current regime, discussing what the law should be like.The essay suggests that the regime for video-sharing websites copyright infringement liability should be arranged as follows, so that the balance between copyright holders and video-sharing websites can be achieved:The copyright holder should be responsible for investigating and searching for the infringing video files online, while the video-sharing websites are not required to investigate the online content. The websites are only required to take down the infringing content upon receipt of the infringing notice sent by copyright holders and they are only expected to fulfill their limited duty of care. This arrangement of obligations imposed the duty of investigation on copyright holders. However, according to prevalence of online piracy, potential infringing risk brought by the operation model of video-sharing websites and rapid development of such websites, the essay suggests that it is necessary to promote the cooperation of copyright holders and video-sharing websites in expanding the application of copyright filtering technologies.