The Video Sharing Website "safe Haven" Rules Are Applicable In China

With the Internet technology progress and development,network video in the Internet application occupies an important position.Video sharing website was established in order to facilitate users to share their original video,but because of weak copyright awareness,users often upload video and video distribution to the video site,video sharing sites are often involved in copyright infringement disputes.In order to effectively deal with the development of the Internet brought about by the dissemination of information,China has introduced a series of laws and regulations.The "safe havens" rule discussed in this article plays an important role in adjusting the balance of interests between network service providers and copyright owners.However,in our judicial practice,the conditions for the "safe haven" rules apply to video sharing websites,and different courts tend to have different understandings.Some courts tend to protect the rights of the right to determine the video to share the site infringement,and some courts in accordance with the "safe haven" rules to make judgments from the responsibility of the video site.This shows that the existing provisions in the judicial application is still a lot of controversy.This paper attempts to find out the shortcomings of the rules in the legislation and judicial practice by analyzing the conditions of the "safe havens" rule in the video sharing website,and put forward some suggestions through these shortcomings.In addition to the introduction of this article there are four main parts:The first part introduces the concept and classification of the video sharing website,clarifies the nature of the video sharing website and excavates the causes of the infringement,and puts forward the importance of the existence of the "safe haven" rule to solve the infringement problem.The second part mainly introduces the current situation of our country's "safe haven" rule,and analyzes the application of the "safe haven" rule from the "Copyright Law","Regulations on the Protection of Information Network Transmission Right","Tort Liability Law" and related judicial interpretation In order to find out the inadequacies of the provision from existing legislation.The third part analyzes the application of the provisions of the "safe haven" rules in the judicial practice of our country.Through the analysis of the cases,the author concludes the different opinions of the various provisions in the judicial practice andexplores the deficiencies of the provisions.Including the identification of "unaltered";the analysis of the subjective fault of the service provider;the determination of the "knowingly" and "should be known";the identification of the effect of "no direct profit" and the "safe haven" rule of China's video sharing website In the "notice" procedures.The fourth part puts forward countermeasures for the imperfection of our "safe haven" rule,with a view to better guiding the legislation and judicial practice.On the one hand to promote the healthy development of the video sharing industry,on the other hand to meet the increasing information needs of the public,and strive to form a video sharing industry healthy development,the rights of copyright holders to protect the law and to ensure that the network user initiative win-win situation.