| The continuous development of information technology has spawned a new business model.Video aggregation platform provides a "one-stop" search,play massive video experience,deeply loved by the majority of users,increased user stickiness.At the same time,the rise of video aggregation platform has also impacted the legitimate video website to some extent,intercepting the users of the legitimate video website,and occupying the server resources and broadband resources of the website where the linked video works are located.In addition,the video aggregation platform usually enables the platform to realize the non-advertising broadcast of video works or skip the member verification link through technical means.These have led to the frequent disputes between video aggregation platform and legitimate video website on copyright infringement in recent years.However,as the product of market competition,video aggregation platform conforms to the development of the times and economy,meets the needs of users.As a video aggregation platform with link behavior,not all acts of video aggregation platform constitute copyright infringement of legitimate video websites.Therefore,the research on copyright infringement should focus on the risk of copyright infringement.This paper focuses on the copyright infringement of video aggregation platform,using literature research,case analysis,comparative analysis,first introduced the research background,research purpose and significance,as well as domestic and foreign research status.Secondly,the theory of video aggregation platform is explained.The concept of copyright infringement of video aggregation platform is defined and several behaviors of copyright infringement risk in video aggregation platform are analyzed.Then from the perspective of legislation and judicial practice,this paper introduces the current situation of copyright infringement legal regulation of video aggregation platform in China,and points out the problems existing in the legal regulation of copyright infringement on video aggregation platform in China.Finally,taking into account the experience of foreign countries on the legal regulation of video aggregation platform,and combining with the actual situation of our country,this paper puts forward some perfect suggestions on the above problems in the legal regulation of copyright infringement in video aggregation platform,clarifies the behavior nature and main position of video aggregation platform,clarifies the standard of copyright infringement in judicial trial,distinguishes between direct and indirect copyright infringement and indirect infringement in video aggregation platform,and redistributes the burden of proof in litigation,Reasonable calculation of tort damage compensation amount and so on.It is hoped that the research of this paper can solve the copyright infringement problem of video aggregation platform,balance the relationship among network users,video aggregation platform and authentic video website reasonably,and build a green Internet environment together. |
