Research On Copyright Infringement In Live Webcasting

Every step of the development of copyright law is inseparable from the development of technology.How to meet the challenge of technology development,how to fully protect the interests of copyright owner while promoting the development of technology are the eternal task of copyright law.Webcasting is another product of technological development.Since its inception in 2005,it seizes the modern entertainment trend and the public's demand,and rapidly occupies people's daily life with convenient and intuitive access and simple participatory way with the content of nothingness.At present,there are more than 300 live webcasting platforms in China,and many live webcasting platforms have serious copyright infringement problems under the drive of economic benefits.The China Network Copyright Industry Development Report(2018)issued by the National Copyright Administration on April 23,2018 shows that the market size of China's network copyright industry reached 636.5 billion RMB in 2017,among them,the network live broadcast user scale amounts to 422 million people,industry market scale nearly 40 billion RMB.In the face of such a huge market,China's laws and policies can't solve the problem of copyright infringement in the live webcasting,and there are relatively few related researches at home and abroad.Especially about the dispute of the legal nature of the live webcast program,and legal provisions on information network transmission right and broadcast right,which make the copyright in the live webcast more difficult in the infringement cognizance.Based on this,I think it is necessary to sort out the torts,tort subjects,imputation principles and responsibilities in the live broadcast,and on the basis of the existing judicial practice,the author puts forward suggestions on how to determine the liability of copyright infringement on the network live broadcast.The first chapter of this paper mainly introduces the concept of live webcasting,and analyzes the reasons of the serious copyright infringement in webcasting based on the characteristics of the live webcast mode.On this basis,the author classifies the copyright infringement existing in the live webcast,including the live webcast of movies,live webcast of game,live webcast of show,live webcast of sports events and live webcast of activities.The second chapter mainly introduces the disputes faced by copyright infringement in the judicial practice of online live broadcasting.In the face of different judgements in the cases of game live broadcasting and sports events live broadcasting,from the angle of originality,the game pictures and sports events programs are made in accordance with a work created by a method similar to filming and video recording.At the same time,because of the characteristics of "non-interactive" webcasting,this behavior can not satisfy the copyright law about the right of information network dissemination and broadcasting.Therefore,the author thinks the copyright infringement in the process of webcasting should be identified as the other rights in the article.In the third chapter,because the tortious act of anchor and platform is different,this paper analyzes the imputation principle applicable to direct infringement and indirect infringement in the first place from the angle of direct infringement and indirect infringement,,and points out the rationality of the principle of liability without fault in direct infringement and the application of fault liability in indirect infringement in the process of determination of liability for tort.On the basis of the constitutive requirements of tort liability,the author analyzes the defense of copyright infringement on the Internet from two aspects: reasonable use and safe harbor rules.The last chapter mainly puts forward some suggestions on how to determine the tort liability.There are two aspects: In the fair use of judgment,the author uses the Four Essential Factors Test Method to analyze the rationality of live webcasting behavior;in the safe harbor principle,we need to perfect the “notice-delete” rule to make it more clear and feasible.In order to deal with the problem of subjective fault of platform,it is suggested that the subjective fault of platform should be pushed back from the angle of red flag standard.