Copyright Indirect Infringement Liability Of Video-Sharing Website

Copyright indirect infringement is an act of tort that the actor has no implementation of behavior of infracting intellectual property proprietary rights, but implementation of helping acts of infringement of proprietary rights, or abetting acts to lure others to infringe the proprietary rights. Implementation of indirect infringement, resulting in direct violation occurred and the consequences of damage, the actor shall be liable for indirect infringement liability.It is Necessary to establish indirect tort system, clearly define indirect infringement and indirect infringement liability, and define the rights and obligations of the video-sharing website service provider through a complete specification of the theoretical system. It not only safeguards the basic rights of the copyright owner in the digital environment, but also provides precondition to fulfill the responsibility of network service providers. Unlike direct infringement and joint tort, indirect infringement, direct infringement is essentially the different in content, causation, responsibility and legislation applies. Seamless spread and the irreversible damage are the environment background of establishing system of copyrights indirect infringement. Regulatory expanding of tort in Tort Liability Act is the historical background of establishing a system of indirect infringement.It should focus on the balance between copyright protection and technological innovation, avoiding mandating overweight responsibility from the network service provider. Vide-sharing Website service providers bear the duty of care of "good administrator", that is, the perpetrator should meet the objectivity requirements of related industries or occupations or professional qualifications for their actions. Moreover, combined with China’s copyright protection system, it should appropriate administrative measures to alleviate the distress caused by the infringement dispute for the network video industry.Concerning copyright limitation of liability, the "safe harbor" rules is defenses instead of disclaimer reasons. Premise applies to the "safe harbor" rules to defend its infringing is that Vide-sharing Website knows or should know and actively takes the necessary measures. In addition, the specific application of the "safe harbor" rules should be clear and specific.