Research On The Liability For Copyright Infringement Of Film And Television Works In Video Websites

With the advent of the Internet era,video website has developed vigorously.While people are enjoying the convenience brought by the Internet,the copyright of video is also being infringed.Video website is a website that provides a storage information space and a sharing platform for users to watch,upload and download movies and television programs online.At the beginning of its development,video website was inseparable from copyright infringement.The inherent virtuality,openness and anonymity of the network provide a "hotbed" for the infringers.Video website has been playing the role of the defendant in the court,but its development has encountered great obstacles.The key to copyright protection is to make clear the problem of bearing tort liability,but there are some problems in legislation and application,such as what kind of imputation principle should be applied,the application of indirect tort liability,and the applicable conditions of "safe harbor principle".Direct upload of infringing video to the network space is a direct infringement of the exclusive rights,while video website usually only provides video viewing and information storage services for its website users,but because it helps and assists the occurrence of infringement results,it should bear the responsibility of indirect infringement.In practice,video website often argues that it only provides information storage space,and its own review ability is limited,so it cannot defend the infringement content by claiming that it is applicable to the "safe harbor principle" for exemption.In order to protect the rights and interests of the right holders and regulate the cyberspace,this paper makes an in-depth discussion and analysis of the problems in the practical operation,and puts forward some Suggestions on the above problems.Only by strengthening copyright protection in the network environment can we promote the healthy development of video website industry and the continuous progress of the cultural industry.This paper is divided into four parts:Part one: starting from the infringement case of the legend of miyue,a brief introduction is made to the infringement case,and then the torts involved in the case and torts liability are analyzed.Part two: briefly introduce the development and current situation of videoinfringement in China,and summarize and analyze the rise of cloud disk and the main causes of infringement.Part three: the general principles of the infringement of network video is discussed,including the components of the tort,the imputation principles of tort liability and liability,liability of Internet service providers is discussed in this condition,the principle of safe haven,and comparative analysis research of domestic and international legislation,take the essence and discard the dregs.Part four: Based on the analysis of various problems encountered in practice in China,this paper proposes Suggestions to better protect the legitimate rights and interests of the copyright owners of video network.And provide a safe environment for copyright owners to exercise their copyright.