On The Judicial Confirmation Of Copyright Infringement Liability Of Network TV Makers

With the constant development of technology, people can surf the Internet and watch 3D movies, as long as there is a network television. Network television is an important constituent part of developing future integration of three networks. In recent years, network television is received great attention. However, with the advent of network television, intellectual property rights dispute appears constantly. In “accuser M Company appeal to defendants C Company and B Company for encroaching on information network transmission right”, using both sides of network TV makers should C company and content provider company B infringement jointly liable for copyright infringement disputes. When affirming status determination of network television makers on specific cases, it should be clear that whether he is direct infringer or indirect infringer. If it is affirmed as a direct infringer, it should confirm whether it constitutes contributory infringement with other defendants. If it isn’t affirmed as a director infringer, it should confirm that whether network makers constitute indirect infringement through types of indirect infringement(e.g. auxiliary infringement, inducement infringement and derivation infringement). If it constitutes indirect infringement, it should consider whether it is suitable for neutral rules and safe harbor rules in appropriate technology. It also should be clear that whether it owns exceptions in neutral rules and safe harbor rules(red flag rules), namely, if indirect infringer’s behaviors on direct infringer are known or should have been known, it is not appropriate.