Identification Of Copyright Infringement Of Film And Television Works Under The Network Environment And Responsibility

As an indispensable part of people's daily life,film and television works not only provide people with a way of entertainment,but also enrich people's spiritual life.More importantly,film and television works have become an important bridge for cultural exchanges between the nations of the world.However,the development of science and technology not only improves the speed of film and television works,but also expands the scope of film and television works.It also provides a broader way for lawless elements to infringe the copyright of film and television works.For a long time,because China's legislation is very general for the copyright infringement of film and television works under the network environment,the theoretical circles pay insufficient attention to the issue of copyright protection of film and television works under the network environment,which leads to the determination of specific behaviors in judicial practice.When the issue of the infringement liability of the perpetrator and the determination of the damages of the copyright owner is investigated,the judgments of different courts are often very different.This status quo has affected the level of legislation related to film and television works in the network environment and the quality of judicial protection of copyrights of film and television works in the network environment.Therefore,it is necessary to thoroughly study the types of copyright infringement of film and television works and the commitment of tort liability under the network environment.By comparing the definitions of film and television works in China and most countries in the world,this paper believes that the scope of film and television works prescribed by Chinese law is too narrow,which can not meet the needs of scientific and technological development,and is not conducive to protecting the interests of copyright owners.Therefore,this paper believes that other works similar to film and television works completed by the "non-filming" method should be included in the scope of film and television works for protection.And on the basis of correctly understanding what is a film and television work,it analyzes the uniquecharacteristics of film and television works under the network environment and the constituent elements of infringement.At present,there are three main standards when judging copyright infringement of film and television works under the network environment.By analyzing the advantages and disadvantages of "server standard","user perception standard" and "substance replacement standard","server standard" is regarded as the sole criterion.The reasons are overturned.And fully expounded the reasons for supporting the "substance substitution standard",this paper believes that in the case involving video aggregation,the "substance replacement standard" should be used as the basis for judgment.Under the premise of clear judgment criteria,the paper analyzes the specific situation of copyright infringement of film and television works under the network environment,and puts forward some suggestions for the limitations of the application of the safe haven principle in the process of infringement judgment.In the network environment,the responsibility for copyright infringement of film and television works includes both the subject of direct infringement and the subject of indirect infringement.This paper discusses the specific scope of these two types of subjects in turn.Finally,according to the status quo of copyright infringement damage compensation for film and television works under the network environment,the problems in judicial practice are summarized and perfect suggestions are put forward.