Study On Video-sharing Websites’ Copyright Infringement

As soon as coming into being, the video sharing websites obtain a social widespreadattention and favor with its vast amount of resources and convenient mode of operation.However in recent years, video sharing websites have undergone a massive number ofcopyright infringement lawsuits, which has caused a heavy blow on the development of thevideo sharing industry. As the video sharing website is a newly-developing industry and thecopyright infringement problems with it are very complex, the current legal system can’tprovide a comprehensive solution for these kinds of cases. If this situation continues, not onlythe interests of the copyright owner can’t be effectively protected, the development of videosharing industry will be also badly affected. Study on the video sharing websites’infringement of copyright is very essential and urgent. This paper starts with an introductionof a typical copyright infringement case which was between the Zhongshi ProductionCompany and Shanghai Quantudou Company. By analyzing the focus of dispute in this caseand combining theoretical research, this article tries to put forward several approaches to therelevant issues in copyright infringement cases. This paper includes six parts. The first part isan introduction of the case mentioned above, which include the basic facts, the court verdictand the focus of controversy. The second part focuses on the acts of copyright infringement ofvideo sharing website, including direct infringement, indirect infringement and the relationbetween indirect infringement and joint infringement that our legal system employed. Thethird part is about the cognizance of video sharing websites’ subjective fault, including asummary of the relevant provisions and the judicial practice and an illustration of the videosharing websites’ subjective states of “knowing perfect well” and “should known”. The fourthpart is about the determination criterion of the amount of compensation, which includes theproblems lies in the compensation determination in judicial practice, the basic principle andthe specific elements that should be taking into account. In the fifth part, the author putforward several suggestions on legislation and the development of video sharing website. Thelast part is a conclusion of this article.