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Research On The Related Issues Of Copyright Infringement Liability Of User-generated Content On Video Sharing Websites

Posted on:2021-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:M C YangFull Text:PDF
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With the continuous development of the internet and technology,network users can upload,download and store video files anytime and anywhere.However,a large number of movies,TV programs and music that are not authorized by copyright owners are circulated on the network platform,which has also become a seedbed of law breaking.The development of law cannot be divorced from the social reality.In recent years,the relationship between video sharing websites and users has undergone new changes.Users' utilization level of the platform has been constantly improved,and the law should respond to it.By analyzing video sharing site in recent years due to the infringement of users to upload video,of the written judgment of the infringement of information network transmission right,found the video sharing site is user generated content in the copyright infringement liability types,fault recognition rules,notify the delete system the legal position of the three aspects of the problems,according to our country's law and legal theory,the author analyzes the reasons of these problems.There is a discrepancy between the current rules and the theory of helping infringement.In fact,the infringement of video sharing websites when users use platforms for infringement is actually non-infringement.This provides a justification for the application of the security obligation to the open Internet community,and the creator or manager of the hazard should have the obligation to deal with it.While revising the theoretical basis,we should also avoid the excessive expansion of this obligation.Combining the theory of tort law with the reality,it is more maneuverable to balance the interests according to the specific liability.Fault identification is the core of tort responsibility identification,fault of the existing laws and regulations that rule is not fully cover fault form of tort law,leading to the practice court deliberately in the legal analysis,thus to determine the network storage space in the legislation in the service provider's fault recognition rules is the key to improve the fault recognition,at the same time also to refine the analysis of video website "duty of care".In view of the conflict between notice deletion rule as an exemption clause and the principle of fault attribution.It is an irresistible trend to regulate the tort liability of video sharing websites by focusing on the model of liability legislation.
Keywords/Search Tags:video sharing website, User-generated content, security obligation, infringement liability, notice-take down rules
PDF Full Text Request
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