The Study On The Copyright Law Problems Of Deep Links

Deep link which emerged with the development of network technique is a new mode of transmission, because of the delay of law and the complexity of the network environment, deep links that involved in copyright problems have caused many disputes. The cases of “Today the headline” and “1000 film” in 2014 pushed deep links to the central discussion of academic. There are many controversies on the copyright problems of deep links, such as deep links are belongs to unfair competition or copyright infringement, deep links constitute infringement of copyright infringement directly or indirectly, etc. The paper mainly studies on the properties of deep linking behavior, whether deep links constitute copyright infringement crimes or not, the right limitation of owner and the protection of right for all parties in the deep links.Six parts constitute this article.The first part is an overview of deep links and its copyright laws problems. First, it defines what is deep links, and what is the difference between it and the common link; secondly, according to the organization of deep linking behavior which was further broken down into seven specified categories; Finally, the case leads to the need to focus the discussion of three copyright legal issues in this article, namely whether the act constitutes copyright infringement, it constitutes direct infringement or indirect infringement, whether they constitute the crime of copyright.The second part is about the legal character of deep link. First of all, analyzing the behavior of network information transmission with a new judicial interpretation; Secondly, it analyzes the deep links' feature and result. And come to the conclusion that different depths link which nature of the act is not the same, some of them constitute information dissemination behavior, some do not constitute; Finally, it analyses the relationship between the deep links which constitute copyright infringement and unfair competition, different tort liability have different constituent elements, if a certain type of deep linking meet one of them, then it constitutes such kind of infringement, if it satisfies both tort, then it constitutes a liability concurrence, the parties may choose to apply.The third part is the case analysis on the copyright legal responsibility of deep links. Starting from analyzing cases in which deep-linking constitute direct infringement and indirect infringement respectively, summarized and analyzed the existing problems in the judicial cases, and analyzing the constituent elements of both infringements. Finally, the country's first deep-linking criminal cases leads to the analysis of deep-linking criminal offenses, a detailed analysis of it are whether deep links constitute copyright crime, and the path selection problems of deep-linking criminal offenses.The fourth part analyzes the limitation of deep links constituting copyright infringement. To meet the principle of balancing interests in the copyright law, the court should use this law to crack down the infringement concerning deep links, while avoiding too much restriction on the development of network services. Therefore, this article puts forward the four common justifications in copyright law: fair use, statutory license, power failure and more than the statute of limitations. These justifications apply not only to deep links constituting the direct infringement, but also to the indirect infringement. Additionally, there is another defense that is the principles of safe harbors in the indirect infringement cases.The fifth part proposes solutions to all parties concerning the copyright law problems on deep links. From the angle of the subjects involved in deep links including setting chain party, the set chain party and the copyright holder, and noting that the parties should be how to safeguard their own interests at the extreme during deep link alleged infringement.The sixth part gives appropriate legislative proposals for the current legislative status. First, it should determine the implied consent principle in the application of deep linking behavior, unless the site owner make a statement that deep links is not allowed, it should be deemed to agree to be linked; secondly, "copyright law" should refine regulations, and reveal all the details plus formula specifically enumerated legislative approach; and finally, improve the relevant provisions of the "copyright law" and "Criminal law", the scope of transmission right should be expanded, and need to amend the relevant provisions of the criminal law judicial interpretation that is consistent with the presentation of the judicial interpretation of copyright law in the relevant text, to avoid the emergence of different textual representation disputes.