Research On Infringement Of Subtitle Translation In The Network Environment

On November 22 of the year 2014,Shooter.com.cn,a famous subtitle website built by Shooter fansub group in China,because of the huge fines were officially closed.After that YYeTs.com.cn,another famous subtitle website have been announced officially closed.A large number of film and TV forums,which attached to subtitle translation as the main business of,one after another was forced to shut down and dissolve..This phenomenon shows that government continue to strengthen the protection of network copyright,and subtitle translation acts gradually have been included in the scope of regulation and norms in.Under the network environment,whether the subtitle translation acts constitute copyright infringements,how to conduct this kind of liabilities,there is no special study,neither no specific legal provision.The author began with the case of Shooter fansub group,demonstrate the subtitle gets originality,reproducible,also is intellectual achievement after processing by humanity brain,that subtitle can be the production protected by the copyright law.The author cleared and definited copyright owner owns the subtitle production's translation rights,network dissemination rights and other property rights;Secondly,the author recounted the fansub groups origin and development,and their work process.According to the fansub grouops management modes,and how they deal with the subtitle translation,the author classified fansub groups into 3 categories,public welfare fansub group,semi commercial fansub group,and commercial fansub group.The author cooperated and analyzed the legal conflicts between fansub group's translation acts and the copyright,the right of translation,distribution rights,and the right to network dissemination of foreign subtitle's copyright owners.According to the existing network copyright protection law and research theories,the author sorted out how to judge whether the subtitle translation acts constitute infringement and how to imputation.Firstly,to eliminate personal use,then to eliminate the exemption from the safe harbor rules,and then to sum up the composition of the works to provide production or work together to provide production,then can judge conduct the direct infringement.Constitute an indirect infringement in the form of a choice to provide production,help,induce behavior or direct profit from other people's infringement.In the imputation of tort liability,the author summed up the specific provisions of the existing law,China's direct infringement on the strict liability,indirect infringement is mainly based on fault liability,fault liability principle.Finally,the author suggests that fansub groups and regulate the development of proposed to offset subtitle groups as a non-profit organization to its rights and obligations and responsibility to further clarify the gaps in legislation;Secondly make subtitle group and legitimate video website marketing group,the foreign film and television producer to authorize the Chinese subtitles,ratification,exclude the illegal basement;Thirdly,proposed to prepare the subtitle Management Association,the association as the leading,and foreign film and television companies to communicate and cooperate with subtitle translation issues,making the subtitle translation of the subtitles of the behavior of the supervision,and has the value of the international market transactions.