Research On Copyright Infringement Of Video Aggregation APP

Aggregation APP based on the technology of deep links as a kind of new commercial operation mode,with the popularization of the Internet and the development of network communication technology,has emerged and quickly occupied the users' vision,aggregation APP includes video aggregation APP,music aggregation APP,news aggregation APP and other forms,such "one-stop" aggregation platforms have rich content resources,revoke users back and forth between different sites looking for video and music resources,aggregation APP has a strong attraction to Internet users and is a popular way to obtain network resources.Before the emergence of video aggregation APP,Internet users watched videos by opening a browser,searching for video content keywords through independent search engines(such as Baidu and Google),and then clicking on the link displayed by the search engine to jump to the corresponding video website to watch,in this business mode,search engine providers do not upload video,do not provide content services,only provide channel services,play the role of information positioning,the role positioning of video aggregation APP and content providers(such as youku,tencent,iqiyi and other mainstream video websites)is clear,as Toutiao Company used to define itself: "don't be a content producer,just a content distributor;don't be a news producer,just a news porter." The rapid popularization of video aggregation APP in mobile clients leads to the ambiguous positioning of network channel providers and content providers,thus causes a lot of infringement disputes of information network dissemination right,and the number of infringement cases also increases year by year.For the judgment of such cases,there is a lack of clear legal provisions and unified guidance cases in China,and the judicial judgment results are confused.About the determination of information network dissemination right infringement,there is a variety of criteria,such as server standard,user perception standard,substantive alternative standard,new public standard,etc,these standards are reasonable and adopted in different degrees,but with the increase of infringement cases of video aggregation APP,the adoption of multiple standards leads to different judgments in the same case.Based on the principle of balance of interests,this article puts forward the substantive presentation standard on the basis of the economic and technological development level and the current situation,and explores how to make rational use of deep link technology from the aspects of improving the licensing system,and from the aspects of legislation,justice and technical measures to discuss how to protect the dissemination interests of the copyright owner in order to maintain the interest balance between the copyright owner,video website and video aggregation platform,in the end promote the sound development of the network video industry.The conclusion drawn in this article can solve the practical problem of judgment conflict in infringement cases of video aggregation APP to a certain extent,and provide theoretical guidance for the judgment of such cases and the subsequent legislation,thus having important value and practical significance.