Research On Legal Issues Of Copyright Infringement Of Video Aggregation Platform

With the update of internet technology and the popularity of mobile smart devices,the video aggregation platform has developed rapidly.At the same time,the issue of copyright infringement of video aggregation platforms has also attracted the attention of academic circles and the judicial community.The deep link technology adopted by the video aggregation platform makes it possible to show the users the video resoirces of the linked websites.The application of this new technology not only breaks the balance of interests between the video aggregation platform and the linked websites and copyright owners,but also caused great challenge to applying law.How to define the legal nature of deep link technology,whether it is direct or indirect infringement,what kind of infringement judgement standard should be applied,and what kind of regulatory path should be adopted,all of these questions are inconclusive.The mainstream server standards cannot adapt to the current state of technology development,and user's perception standards are too subjective.Using technological protection measures or applying unfair competition law is not enough to relieve the legitimate rights and interests of the copyright owners and the linked websites.This paper believes it is more reasonable to regulate the behavior of setting up deep links through copyright law,5o it is particularly important to accurately define the connotation and extension of communicating works to the public over information networks.Based on the interpretation of the nature of copyright law and the analysis of the origin of legislation,this paper redefines the behavior of communicating works to the public over information networks,and concludes that communicating works to the public over information networks should include follow-up behavior in addition to the initial provision behavior.It also proposes the elements of behavior and the result elements that constitute the behavior of communicating works to the public over information networks.The former points to there should be an access which is effective to public to get the works,and the latter refers to the state in which the works are available to the public and meet their reasonable needs.By redefining the behavior of communicating works to the public over information networks,this paper concludes that the behavior of setting up deep links is consistent with the above requirements and should be controlled by the right to comnunicate works to the public over information networks.This paper proposes to introduce the application of the substantive presentation standard,which not only overcomes the rigidity of the server standard,but also avoids the dilemma of judicial recognition due to the application of user's perception standards.It focuses on protecting the copyright owner's control over the subject of the work,in accordance with the nature of copyright Iaw and the current situation of technology development.In addition,it also proposed to expand the interpretation of communicating works to the public over information networks and release guidance cases and other suggestions to maintain the legitimate rights and interests of copyright owners and linked video sites,to achieve the sound development of the Internet video industry.