Study Of Copyright Infringement For Video Sharing Website

With the rapid development of the Internet technology, the copyright of illegallytransmitting the author’s video productions or books on the Internet has been paid more andmore attention to. Although there are some relevant prescription on the copyright of theauthor such as Copyright Law and Justice, it is still quite liable for the author’s books orvideo productions to be shared without legal agreement. A great majority of videoproductions protected by law have been shared illegally but the legal owner of this productioncouldn’t bring this case into a lawsuit. That is mainly because of the intangibility andreplicability of video productions. In many previous cases, the author would like to sue theowner of the video website on which his or her video productions are transmitted illegallyrather than bringing the sharer directly putting the videos on into a lawsuit. And most of thesecases finally receive a peaceful reconciliation.In this paper, the case of Shanghai Quan Toudu Company invading the copyright ofBeijing Sohu will be studied. In this case, the identification of responsibility on sharing videoproductions and the irresponsible condition will be discussed by aiming to provide someclues or suggestions for the further study of this field.There are four parts in this thesis essay. Part one is about the reason introduction of thecase and its details. Part two is the core controversy of this case, namely, the judgment of theresponsibility of sharing the video illegally and the application of the irresponsible terms.In part three, direct duty, indirect duty and substantive duty will be mainly analyzed,which aims to judge the responsibility the website owner takes. Here, direct duty doesn’tmean that the website owner deliberately shares the video illegally, which just affects the wayof taking duties. While, indirect duty can be divided into persuasion and assistance. Byanalyzing these two categorizations, the problem of indirect duty will be discussed. In dailyjudgments, disclaimer terms are understood differently. But in this essay, differentunderstandings or application conditions of disclaimer as well as the American disclaimerwill be analyzed by aiming to offer a much more proper explanation as well as to promote theidentification of website-invading cases.Finally it is the conclusion part. After analyzing this case, it is concluded that the22ndTerms of Information Network Transmission Right Protection Ordinance should be improved.Specific speaking, video productions shared should be actively monitored, clearly identified and reasonably selected. Furthermore, applicable conditions of disclaimer should becontinuously improved. In addition, setting up Collective Management System of InternetCopyright and advocating originality are additionally proposed by the author in order to solvethe problem. And finally the necessity of adopting selection measures is discussed.