Determination Of Copyright Infringement Of Aggregate Video APP

In the network environment,the aggregation link of video APP may infringe the right of the right holder's information network.When there is a dispute over the right of communication of information network,it is argued that the video platform will provide the defense of link service.The determination of the copyright infringement of video APP is to judge whether the aggregation link is the information network transmission behavior or only the link service.If it forms information network communication behavior,it belongs to the direct infringement of information network transmission right,and should bear the direct tort liability;If it is a link behavior,it is handled according to the "safe haven"principle.Judicial practice usually adopt standard "server",that is,decide whether a particular behavior belongs to the information network dissemination behavior directly,should take the content of the actor's transmission exists on the basis of their site on the server.Under this standard,aggregated links of video APP do not constitute information network communication behavior.But the development of link technology,the aggregation of video APP to distribute the work to the user through a series of links,infringes on the proprietary control of the work and the economic interests of the work,and it's necessary to assume that this chain behavior is an information network.This article believes that the scope of the act can be extended in the judicial interpretation,and the deep link of the aggregation platform is clearly defined as the act of providing the works.In the supreme people's court without further instructions for work to provide behavior,can be based on the function of the "copyright law" and the right of information network transmission right attribute,follow-up provide standard is put forward.The following standards are based on the function of the copyright law and the right of information network transmission right,and the chain behavior of the chain is determined as a direct violation of the right of information network transmission,and the chain behavior of non-destructive technical measures is identified as network service behavior.The adoption of this standard can not only accurately identify the behaviors of the aggregation platform directly infringing information network transmission rights,but also prevent the normal business model and technological innovation,so that the aggregation platform can develop under the legal norms.