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A Study On The Civil Law’s Protection Of Network Video Copyright

Posted on:2014-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:B Y XuFull Text:PDF
GTID:2246330395494278Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The rapid development of the Internet and computer technology has contributedto the birth of a new copyright carrier-Internet videos. The development of computertechnology provides convenient conditions for the rise of Internet videos, and itmakes the production of high-quality Internet videos possible. Meanwhile, thedevelopment of computer technology offers platforms for the spread of Internetvideos. YouTube, Facebook, Youku and Tudou are the excellent examples of thoseplatforms.The rapid development of the network video products with copyrights, on onehand, provides Internet users with visual spiritual pleasure and creates legends in theindustry; on the other hand, it also leads to the occurrence of a lot of Internet videocopyright infringements. In order to effectively regulate the network industries,protect the rights of the rights holders, many laws and regulations have beenlegislated in recent years in our country, As for Internet video copyright infringements,the legislators did not fully take into account their own features, and there is lack ofeffective legal regulation. The Internet video copyright infringements may involveadministrative sanctions, criminal sanctions, civil sanctions, and civil law protectionis the most important one among the protections of the Internet video copyrights.Based on that, the paper studies the protections of Internet video copyrights fromthe point of view of civil law so as to effectively regulate Internet video copyrightinfringements. Theoretically, the paper first introduces the connotation of Internetvideo copyrights and involved stakeholders, and clarifies the rights of Internet videocopyright owners. In the following part are introduced types of subjects and behaviors.After analysis, it is clear that Internet video operators are the major liability subjectsin the field of Internet video copyright infringements for the time being. The Internetvideo operators mainly consist of Internet video content providers and Internet videoservice providers, and the former are mainly liability subjects of direct infringementsand the latter are mainly liability subjects of indirect infringements. The author putforward that principle of fault liability should be generally adopted when the liability of an Internet video copyright infringement is to be decided on on the basis of theanalysis of different infringement behavior types. And the elements of network videocopyright infringement liability are analyzed base on that principle.By comparison and analysis of the laws and regulations of current network videocopyrights and the situation of the protections in real life, the author puts forward acouple of institutional proposals to improve the Internet video civil law protections,hoping to effectively protect the legitimate rights of Internet video copyright holdersand effectively guarantee the healthy, orderly development of the Internet videoindustry by establishing a set of Internet video copyright protection systems which...
Keywords/Search Tags:Internet Video Copyrights, Direct Infringement, Indirect Infringement, CivilLaw Protection
PDF Full Text Request
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