Legal Regulation Of Hotlinking Behavior Of Video Aggregation Platform

With the development of information network communication technology,the video aggregation platform's hotlinking behavior has been creating an impact on the original video market,and the public opinion about it has been in succession.In the regulation of copyright law,whether the hotlinking behavior of video aggregation platform constitutes the infringement of the right to communicate works to the public over information networks or not,the judgment ideas of different courts are different.There are mainstream standards in academic circles,such as server test,user awareness standards and substantive substitution standards,but there are still different problems in their application.In addition,the application of anti-unfair competition law to regulate hotlinking behavior has also been proposed.By means of empirical analysis,the author studies the current situation and problems of legal regulation of hotlinking behavior,and finds that there are divergences in the standard of tort determination,the amount of compensation is too low and the application of anti-unfair competition law is inadequate.By referring to the legal regulation path of other major countries and combining with the characteristics of information network communication,the author reconstructs the tort identification standard,namely the control standard,which focuses on the communication control and communication results.The standard is that as long as follow-up communication is carried out without permission,it constitutes a direct infringement of the right to communicate works to the public over information networks.Among them,the follow-up communication behavior includes two elements: the control of interactive mode of use and the acquisition of works.The combination of these two elements guarantees the right holder's control over the communication of works.Hotlinking behavior obviously satisfies two elements,which belongs to the follow-up communication behavior.According to the general theory of elements of infringement,the hotlinking behavior of video aggregation platform constitutes direct infringement.At the end of the article,we will put forward legislative and judicial suggestions on the legal regulation of hotlinking behavior by video aggregation platform.