Research On Copyright Infringement Liability Of Video Sharing Websites In China

With the application of directed search and aggregation technology in smart personal terminals,not only video websites gradually break the barriers of their own resource monopoly,but also provide full-network search and playback services,and also make video sharing websites that originally provided video sharing functions as network service providers.Rapid development.However,due to the lack of relevant legal supervision and technical regulation,video sharing websites are gradually becoming the hardest hit area for copyright protection of other websites.Especially since the development of video sharing websites,it has not only been satisfied with the video works that play its own monopoly copyright,but also passed Set up a link to accept the request signal sent by the user to provide search,location and playback services.If the process is not based on a legitimate and legitimate search link,it will infringe the copyright of the linked original video sharing website and give the original link.Video sites bring immeasurable business losses.Based on the classification analysis of network link technology,this paper defines the concept of video sharing website,divides the video sharing website into mainstream video sharing websites based on legal search link technology and sets up “stealing chain” to steal the aggregated resources of the linked original website resources.Video sharing site.The video sharing website based on the legal search link technology directly jumps to the original interface when receiving the resource request signal sent by the user,and does not edit and modify the original website content,fully respecting the originality and protecting the copyright.The aggregated video sharing website based on “stealing” or deep link technology will steal the video resources of the original website,and intercept the original website's video playback volume and the number of visitors,thus affecting the economic benefits of the original website and infringing The copyright protection of the video works of the original website.This kind of aggregated video sharing website is very different from traditional mainstream video sharing websites in terms of liability principle and disclaimer.At present,China's academic and judicial circles have always had different views on the principle of attribution of copyright infringement on video sharing websites.One is the theory of technical innocence.It is believed that the video sharing website operators only provide technical support,while technology as objective existence does not.Subjective,therefore not subjective or negligent,does not constitute infringement.This view is obviously unreasonable.Another point of view is that video sharing website operators are subjectively “knowing” that their own piracy will infringe on the legitimate rights and interests of the linked original website and still “intentionally” to achieve double malicious standards,thus constituting infringement.This view is that video sharing websites can be identified as network content providers as long as they provide link technology and meet the criteria for “providing” behaviors,and video sharing websites constitute a double malicious standard for infringement,and will also affect the burden of proof.Distribution.The disclaimer under the safe haven system requires different types of video sharing websites to perform reasonable review or attention obligations corresponding to their income.At the same time,because the aggregated video sharing website collects the whole network video resources,the video resources are compared with the mainstream video.The sharing website is more plentiful and should be required to assume a more rigorous prior review obligation and a reasonable duty of care.After clarifying the difference between the principle of attribution and the distribution of burden of proof on the aggregated video sharing website and the traditional mainstream video sharing website,it will also be found that the two have a clear difference in the constituent elements when determining the tort liability.At present,the relevant theoretical research on copyright infringement liability in China usually defines the mainstream video sharing website as the provider of network content,and the aggregated video sharing website will be recognized as the network content provider only if it meets the specific infringement requirements..Regarding the specific identification of infringements,the concepts of "providing behaviors" stipulated in the Regulations on the Protection of Information Network Communication Rights are generally single and too backward.Only the applicable standards of servers are adopted,which cannot satisfy the reality.The author believes that for the current more popular criteria for determining tort liability,namely,server applicable standards,user perception standards and substantive substitution standards,the actual presentation criteria can better meet the actual needs,that is,as long as the link behavior is set,the link is linked.The copyright of the original website's works was violated,and the legislator's legislative purpose and its basic meaning were not explained,so as to help the judge to reasonably determine whether the video sharing website needs to bear the infringement of the infringement in the specific practice.What kind of tort liability and whether it is possible to apply the exemption liability according to the safe haven system.At the same time,for the infringement of the aggregate video sharing website is the direct infringement and indirect infringement,the more stringent applicable standards should be adopted,that is,as long as the certain conditions of direct infringement are met,it is no longer recognized as indirect infringement.In indirect infringement,the video sharing website only serves as a third party for information exchange to provide network services.It is neither a maker of copyright infringement nor a victim of infringement,and has the obligation to supervise and manage the direct infringer.In specific practice,the indirect tort liability is often difficult to define.If the video sharing website cannot effectively remove the deletion or shielding after transmitting the video works allegedly infringed,it should bear the joint tort liability.It can be seen that the video sharing website avoids The duty of indirect tort liability should be fulfilled,and the principle of safe haven can be applied in the case of the degree of “notification-delete”,which should be deeply recognized.By examining the identification system of copyright infringement liability of video sharing websites in China,we can find that the judicial identification and liability standards of copyright infringement liability of video sharing websites in China are faced with imperfect legal systems,non-uniform judicial practice standards,and rapid technological development.The court lacks relevant screening techniques and personnel.The lack of technical norms leads to the difficulty of identifying infringements.At the same time,the monetary compensation system and the disciplinary system are not perfect.Therefore,it is necessary to propose and establish a sound legal and regulatory system and an industry self-discipline system.The standards for judging judicial infringement liability,and promoting the popularization of legal deep link technology,etc.,can better protect the copyright of video works,so as to ensure the legitimate interests of the copyright owners of video works,so as to better maintain the copyright owners,The balance between video sharing sites and Internet users ultimately leads to the ultimate goal of protecting the video development site's rational and benign development.