Research On Copyright Infringement Of User-generated Content

With the development of the technology of net application, the cost of internet accessdeclining and the speed accelerating, and the upgrading and simplifying of devices, it is easierfor netizens to create content on internet, from the electronic bulletin board (BBS) to thesocial networks, from blogs to twitter, with the widening scope and deepening degree.Content from amateurs here is referred to as user-generated content (UGC). However, everycoin has two sides. On the one hand, average netizens could express their ideas through UGC,and some internet companies attract users and make profit by it. On the other hand, it causesmany problems and copyright issues are one of them. Internet companies as defendants haveto make an apology to copyright owners, or even face huge fine. This paper first analyzescopyright infringement of UGC, and then summarizes advantages and disadvantages offoreign models in solving the problem, and designs solution for China from macrocosm andmicrocosm. It also supplies some suggestions to improve the solution. Related researches areas follows:(1) The achievements of theory research and the development status of copyrightinfringement of UGC both in home and abroad. It summarizes research findings in fields ofcopyright infringement of microblog/blog and video sharing sites and also the relationshipbetween user-generated content and copyright law. It also points out the characteristics ofpresent research and unresolved problems.(2) The status of UGC. It overviews issues of copyright infringement and its features.(3) Related factors of copyright infringement of UGC. It describes patterns ofmanifestation, doctrine of liability fixation, tort subject, liability for tort, and consequences ofcopyright infringement of UGC according laws.(4) Two models to settle copyright infringement of UGC abroad. It introduces modelinitiated by Principles for User Generated Content Services and creative commons model,and concludes experiences and lessons from them.(5) Design of model to settle copyright infringement of UGC in China. It analyzes thestatus of solving the copyright infringement of UGC in China, and then learn from foreignmodels mentioned above, and designs a solution and makes some improvement suggestions.Solution designed in this paper aims to settle the copyright infringement of UGC inChina, and finally balance interests among copyright owners, UGC sites and UGC creators.