Research On The Infringements Of Internet Piracy Of Film And Television Works

The dissemination of film and television works in the traditional field mainly includes three major channels: cinema projection,television broadcast and audiovisual product publishing.Due to the relatively fixed method of dissemination,the exercise of copyright is relatively clear.While the Internet provides new channels for the transmission of film and television works,it has also led to the proliferation of online copyright infringement and piracy of film and television works.Through the study of domestic relevant legislation and judicial practice,this paper conducts a relatively systematic study on the online piracy of film and television works.The full text is divided into four parts in addition to the introduction and conclusion.The first part is an overview of online piracy of film and television works.First,define the related concepts of online piracy of film and television works,including the definition of the right of information network transmission of film and television works and the concept of online piracy of film and television works,and then conclude that the act of online piracy of film and television works is an infringement of the right of information network transmission of film and television works..Secondly,summarize and classify the types of online piracy infringement of film and television works.Specifically,there are five infringement modes: P2 P infringement,aggregation platform infringement,online disk infringement,short video clip re-creation infringement,and Internet TV aggregation infringement,which are studied through induction.It is found that no matter what type of infringement is,it is by blocking the economic benefits of the traffic contributed by consumers to the copyright owner,thereby reducing the expected benefits that the copyright owner can instinctively obtain.The second part is the current status and deficiencies of my country’s legal protection of the right to spread information on film and television works.my country has established the legal protection of the right of information network communication through special administrative legislation,and at the same time,has improved the legal protection system for the right of information network communication through a series of laws and judicial interpretations.However,the legal protection of the right is also reflected in judicial practice.The most typical of the shortcomings are the difficulty in judging the subjective mental state of network service providers,the abuse of the "safe harbor rule",and the difficulty in determining the amount of compensation for infringement damages,and further clarification and refinement are needed.The third part is the protection status of related rights in extraterritorial law.By studying the international treaties,the United States and the European Union protection of the spread of works in the online digital environment,we can learn useful experience from them,give authors the right to communicate online,enable them to control the digital transmission of works in cyberspace,and comprehensively judge online service providers To avoid the abuse of "safe harbor rules",strengthen the regulation of online platforms,and give play to the leading role of large-scale online platforms.The fourth part is the legal protection proposal of online piracy of film and television works.On the basis of the previous research,the corresponding suggestions are put forward in response to the shortcomings of Chinese legal protection of the information network dissemination rights of film and television works.First,it is necessary to clarify that the infringement of the information network dissemination right is based on the principle of fault liability.When a person commits an infringement,the principle of no-fault liability may be applied as an exception,the rules on the duty of care for network service providers shall be improved,the “notice-delete” rule shall be refined,the order of calculation methods for the amount of damages shall be broken,and the duty of care shall be taken into consideration.Combined with punitive damages,it is applied at different levels.