The Copyright Infringement Determination Of Deep Links In Video Aggregation Platform

With the rapid development of Internet economy,new business model is emerging.In recent years,video convergence platform has grown into a force that cannot be ignored in the video industry wave.Video aggregator platform gathers many video resources into their own platform through using the operation mode of“deep link”,which makes itself very attractive to many internet users and poses a great shock to traditional video websites.In face of the legal problems brought by the deep link,the theoretical circle cannot form a unified view,and the judicial practice at home and abroad is taking a different approach.In hearing the case of such intellectual property cases,the court must take into account the balance of interests of copyright holders,Internet service providers and the public.The information network transmission right enters into the copyright law of china in the back ground of the huge development of internet in the 21 st century.As the product of the internet era,whether the deep link can be regulated by the right or not depends on the jude's understanding and applying to it.In this paper,we take the case of "Tencent v.E-linkway" as an example to study the deep linking behavior of video aggregation platform.After focusing on and analysing two disputes of the case with combining with domestic and international copyright laws,international treaties and the judicial practice,the article gives advice on regulating the behavior of deep linking in the video aggregator platform at last.This paper is divided into five parts:The first part of this article introduces the basic situation of the case involved,and summarizes the two disputes of the case,and then bring up the main topic of the article based on this,which is that what kind of standard shoud we adopt to affirm that the behavior of deep linking is infringing the copyright law.The second part elaborates the necessity of deep link copyright infringement in video polymerization platform.Through analysing mainly from the perspective of stakeholders and industry,the identification of the infringements will influence on the choice of judicial relief to the website being linked,video polymerization industry's future direction and the market competition order of the video industry.The third part discusses the identification standard of information networkcommunication behavior.This article introduces the domestic and foreign main criteria of identification,analyzes the limitations of domestic standards,and draws on new standards from abroad,so as to put forward the perfect suggestion of the standard in the fifth part.The fourth part introduces and analyzes the judicial practice of the deep link copyright infringement judgment of video polymerization platform in China in recent years.Choose several typical cases,the referee results mainly can be divided into three categories: direct infringement,indirect infringement and joint infringement,for having a clear understanding on different referee thought from the court.The fifth part puts forward the system of the deep link copyright in video polymerization platform.Moreover,the article put forward three suggestions as follows: one is to improve the "server standard" on the basis of current judicial practice;The second is to return to the article 8 of WCT "to disseminate right to the public" and further clarify the connotation of China's information network transmission right;the third is the legal regulation of the link behavior of deep link,which provides a variety of relief paths for the chain website.