Research On Indirect Infringement Liability Of Video Sharing Website

The constant development of the Internet makes everything possible,and makes the life of the public more comfortable and convenient.Among them,the emergence of video sharing websites not only brought us great novelty experiences but also brought convenience to our lives.Internet users can visualize their experiences,life experiences,and professional knowledge in video sharing websites.The earliest video-sharing websites was YouTube in the United States,and a large number of video-sharing sites subsequently sprang up on the Internet,forming a global trend.Since 2006,China's video-sharing websites have developed rapidly and entered a period of rapid development.However,many problems have also been exposed at the same time as development.The most serious problem is the copyright infringement of video sharing websites.Due to the low awareness of copyright in China's Internet users,in addition to uploading their own video to the website,some video works such as movies and TV shows that they do not enjoy copyright are uploaded to video sharing websites without the consent of the copyright owner.This will inevitably infringe on the economic interests of copyright owners and then involve video sharing websites in copyright infringement disputes.The copyright owner often directly sues video sharing websites because of the high difficulty of searching for online users and the fact that they often do not have the ability to pay compensation.The video sharing website is required to bear the liability for infringement.However,video sharing websites do not directly infringe on the legitimate rights and interests of copyright holders,but instead constitute indirect infringement.In this case,the question of what kinds of tort liability should be assumed by video sharing websites and how to determine such infringement liability has caused many discussions and disputes.These issues are urgently needed to be answered by the academic and judicial circles in China.This paper uses comparative research,empirical analysis and other methods to analyze the issue of liability for indirect copyright infringement of video sharing websites.This paper has four chapters.The first chapter introduces the concept and characteristics of indirect infringement on video sharing websites,conducts research and analysis on subjects and objects involved in indirect infringement of video sharing websites,and discusses the forms of indirect infringement liability of video sharing websites.The form of joint and several liability is denied,and the form of proportional liability is proved.The second chapter firstly introduces several different viewpoints on the principle of attribution liability of indirect infringement on video sharing websites.It is hoped that a more reliable conclusion can be drawn through the analysis and comparison of theoretical disputes.The third chapter introduces the relevant legislation of the United States,the European Union,and Canada,and draws some inspiration from the legislation of various countries.The fourth chapter firstly proposes the problems of the indirect infringement liability system for copyright in China's video sharing websites,and then according to these issues,put forward sound suggestions.The system of liability is unclear,the problem of subjective fault recognition standards is fuzzy,and the issue of exemption is specific.Applicable and other issues put forward sound suggestions.The author hopes that the suggestions in this paper can play a small role in the legislation and judicial practice of the indirect infringement of video sharing website copyright.While promoting the healthy development of video sharing websites and copyright owners,the social public can also meet their own sharing needs.