| According to the traditional understanding of the right of information network transmission,the scope of coverage includes only the original upload behavior.With the emergence of the video aggregation platform,deep link technology and frame linking technology can bypass the initial upload phase and provide video works directly on it.As a result,it leads to the unbalance of interests between the copyright owner,the chain and the video aggregation platform.Because of the complexity of the video aggregation platform and the advanced nature of the link,it is necessary to find a more appropriate standard for infringement to adjust the conflict of interest between the main industries,promote the sound development of the video industry.In order to help with this problem,this article will based on the existing theoretical research at home and abroad,combined with legal practice,try to explore the criteria for the infringement behavior of video aggregation platform.This article contains the following five main sections:In the first section,it mainly introduces the research background,research significance and research status at home and abroad.What criteria should be used to determine whether the link behavior of the video aggregation platform should constitute infringement,the academic point of view is not uniform,Judicial trial also appeared in the case of different results.In the second section,this paper first introduces the definition and characteristics of the video aggregation platform,and introduces the characteristics of the deep link and the frame link in depth.Secondly,it discusses the concept of "Server Standard","user perception standard" and "substantial presentation standard".Link behavior is divided into "unauthorized link mode" and "legal authorized link mode" according to the authorization provided by the chain".According to the above three kinds of standards,the paper analyzes this two kinds of linking mode preliminarily.In the third section,it will make a concrete analysis of "unauthorized link mode" and "authorized link mode",to analyze the different legal relationship caused by the two kinds of behavior patterns,Combined with the case study of judicial judgment,to compare the pros and cons of using different criteria to determine.And get the Enlightenment from the foreign identification and case about which kind of tort judgment standard should be adopted in our country.In the fourth section,this paper discusses the differences between the United States,the European Union and Australia in the copyright infringement of the link.In the fifth section,this paper first discusses the interest imbalance by using “Server Standard”,and then thinking about the criteria of copyright infringement of video aggregation platform.Put forward some reasons about why we should adopt "Substance presentation standard".Then this section discusses constitution of the legal system of information network communication in China,and then put forward my suggestions to improve China's information network transmission rights. |
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