Analysis Of Indirect Infringement Liability Of Copyright In Video Sharing Websites

The rapid development of the network industry has enriched people's entertainment life,and also brought about copyright infringement in the network environment.The online user uploads the video work to the video sharing website without permission,directly infringing the copyright owner's information network communication right.However,the video sharing website provides information storage space and platform as a service provider.If the video sharing website has negative inaction,it is used by the direct infringer to harm the rights of the right holder,because it does not take reasonable measures to prevent the infringing activity.,subjectively faulty.In judicial practice,the court mainly uses joint infringement to characterize the infringement of the video sharing website,and thus determines that it bears joint and several liability with the direct injurer.This paper believes that this recognition does not correctly understand the infringement of video sharing websites,and confuses the difference between joint infringement and indirect infringement.The video sharing website actually implements indirect infringement.In addition,video sharing websites constitute subjective faults rather than intentional indirect infringements,and the subjective fault patterns of joint infringers are intentional.Therefore,indirect infringement and joint infringement can coordinate the issue of copyright indirect infringement under the network environment.The modern tort law changes the subjective fault from subjective theory to objective theory.It violates a certain behavior standard to presume that the perpetrator is subjectively negligent,but does not explore the subjective psychological state of the perpetrator.Video sharing websites,as managers of cyberspace,should have the same security obligations as managers of public places in the real world,ensuring the normal and legal activities of cyberspace,and the security obligations and the duty of care are homogeneous,so the duty of care will be as a criterion for judging the subjective negligence of indirect infringement of video sharing websites,it is reasonable.The specific standards of duty of care can be set by referring to the currently valid cybersecurity law and the E-commerce Law to achieve a balance between the development of video sharing websites and the protection of rights holders.Regarding the issue of liability for indirect infringement,the mainstream view believes that it should bear joint and several liability,and some part bear the voice of supplementary responsibility or responsibility.The form of appeal liability cannot correctly explain indirect infringement and does not separate it from joint infringement.China's indirect infringement system is quoted from the United States.Indirect infringement in US law itself contains alternative liability.Therefore,China should apply the alternative liability to indirect infringement after introducing the indirect infringement system.This paper uses literature research,historical research,and comparative analysis to demonstrate that video sharing websites constitute indirect infringement rather than joint infringement by providing services to the rights holders,and therefore assumes alternative responsibility rather than joint liability.The development of the network industry is changing with each passing day.From the beginning,the lawmakers only pursued the responsibility of direct infringement copyrights,and today they need to investigate the responsibility of indirect infringers.The faulty form changes from subjective intention to subjective negligence.The recognition of the subjective fault of the video sharing website introduces the behavioral standard attention obligation,which is also the security guarantee obligation in the real society.It is judged whether it violates the duty of attention to judge its subjective fault,and thus the subjective fault of the video sharing website constitutes indirect infringement.It is a fault,further proof that video sharing sites constitute indirect infringement rather than joint infringement.The United States adopts an alternative responsibility for the form of liability that constitutes an indirect infringement.Therefore,when introducing indirect infringement,China should also include alternative liability in its entirety,and the existing regulations on alternative liability in the Regulations only need to be further improved.The elements are the rights and capabilities to control and the direct economic benefits.