The Research Of Video Sharing Site’s Copyright Infringement Problem

Both from the respective of the judicial practice and the academic value, the videosharing website copyright issues are worthy to a good study.On the legislation practice, ourcountry draws lessons from the relevant provisions of the United States. The ProtectionOrdinance of Information Network Dissemination Right designs the ‘safe harbor’ clause forthe network service provider. However, in judicial practice, the video share website lost in theend, and video sharing website industry faced huge risk of infringement. Look at the UnitedStates legislative and judicial cases, under the network environment,we can make more clearstudy of the United States copyright system operation, which can provide our country withlegislation and judicial practice.With the development of information technology, therelationship between the copyright and network becomes the focus in the academic circles. Atthe same time, the conflict between the copyright protection and the technology developmentbecomes more obvious. How to make the video sharing website development accepted by thecopyright owners and avoid hindering the exchange and dissemination of information, is veryimportant. In the digital environment, the balance between private interests and publicinterests is significant.This paper uses comparative analysis and historical analysis methods researches theterms of internet service provider of China and United States. At the same time, the papermakes a historical review to the ‘indirect infringement’ theory relating to the ‘safe harbor’rules of the United States. Through the comparative analysis between China and the UnitedStates, we can find the different legislations and judicial selections in the face of networktechnology development. In this train of thought, this article analysis the video sharingwebsite copyright issues and the corresponding solutions.This paper is divided into five parts, in the first part, taking ‘my ugly mother’ case as anexample, summed up the typical focus and legal issues. The second part examines thesimilarities and differences of the ‘safe harbor’ terms between the two countries in detail. The third part focuses on the ‘safe harbor’ rules--the core of fault recognition. The fourth partanalysis two judicial cases and the reasons of the video sharing website deep-set copyrightproblems. The fifth part, on the basis of the previous article, puts forward to solving theproblem of video sharing website tort scheme.