A Study On Legal Issues Of Net Video Copyright Infringement

There are more and more copyright infringement cases on internet,especially the indirect infringement by ISP.The "broadcasting right" in the Berne Convention does not include the form of interactive communication under the network environment,but the WIPO Copyright Treaty has been supplemented and developed.In the domestic legislation,many countries also protect the copyright in a certain form of the new right of communication.The United States and the European Union released some laws which contain Safe Harbor Principle and Red Flag Principle to balance the interest between different parties.In judicial practice,the American courts also confirmed and developed some specific rules.In China,the Copyright Law,Regulations on the Protection of Information Network Transmission Right and some judicial interpretations contain many rules to protect the copyright of net video.The right of information network dissemination is protected as a new type of copyright.However,the current rules are too simple to provide enough adjustment function,and the new network technology is emerging.Some measures in legislation and justice should be taken to improve the current rules.In legislation,the rules of Safe Harbor Principle and Red Flag Principle should be clarified;in judicial practice,the application order of Safe Harbor Principle and Red Flag Principle should also be clarified by judicial interpretation and typical cases.The Industry self – discipline can also provide some measures to protect copyright of net video such as improving the copyright ownercomplaining mechanism and enhancing the Infringement video recognition mechanism.