On The “safe Harbor” Principles Applied And Improved To Video Sharing Website

Based on web 2.0 technical there is a brand new interactive internet disseminate mode exist. This new mode focus on customer’s communication once in public then attracted huge amount of net users. According to the data analysis recently online public video sharing website already became the major media transmission medium also an essential component part of internet. Meanwhile, with the growing needs of online videos the copyright dispute also has an increasing trend. Online public video sharing websites copyright convention cases already became categorization cases. Therefore the rule which origin in America which called "safe harbor rules" can provide a balance point for copyright owner, online public video website and net users. It is not only protecting the owners’ rights but also enhance a health development of the video websites. Overall, a mature cognitive of "safe harbor rules" has an important meaning.In this essay, it will analysis the "safe harbor rules" based on the develop of video sharing websites and how it is measure the balance between the copyright owners and the websites in order to make the maximum profit for both of each parts. Also make reasonable personal suggestions of the weak part of the rules.There are four parts of the essay besides preface and epilogue. The first part mainly expounds video sharing site and its related concepts. At the same time, the video sharing website indirect infringement. The second part introduces the legislative status quo of “safe harbor rule” in China and the United States, and compares the similarities and differences between the two, theoretically points out the deficiency of our current regulations. The third part of the two countries "safe harbor rules" of judicial application are analyzed, and points out that the judge in the judicial practice in China’s understanding of relevant concepts, emphasized the judgment standard of duty of care, "change" the judicial decision criteria, the cognizance of "knowing" and "should know" and combined with the duty of care, to direct the cognizance of profit, "notice- delete" rules of use, disclaimer applicable relationship between the terms and rules. The fourth part due to the weakness of "safe harbor rule" in China provide solution in order to consummate the rule to apply in real cases better to achieve the both win goals in video websites developing and copyright protection.