Research On The Prevention And Control Of Online Audio-visual Work Piracy Crime

The rapid development of network emerging technologies has enriched the dissemination methods of audiovisual works,and also brought new challenges to the copyright protection of audiovisual works.The "Criminal Law Amendment(Eleven)" to be promulgated in 2021 keeps pace with the times and adds new regulation methods for online piracy crimes,which is undoubtedly a great progress in protecting online audio-visual works piracy crimes,and has also solved the problem to a certain extent.Difficulties in the judicial application of Internet piracy.However,through the statistics and analysis of the cases in recent years,this paper still has many deficiencies in regulating the piracy of online audio-visual works.Therefore,how to achieve the best deterrent effect of criminal law and the purpose of crime prevention through reasonable and scientific punishment has important practical significance for maintaining the good development of the market economy and protecting the copyright of online audio-visual works.First of all,from the perspective of criminal law,there are still many problems in regulating the piracy of online audio-visual works: the requirement of “for profit” is an obstacle to the qualitative determination,there are insufficient standards for conviction and sentencing of crimes of copyright infringement,and the application of punishment is arbitrary.Secondly,from the perspective of criminal economics,the main reasons for these problems are the proliferation of low-quality works in the film and television industry,the lack of copyright awareness of video users,and the profit-seeking market that leads to online piracy criminals earning high profits at low cost.imbalances,etc.Therefore,in view of the above problems,suggestions are put forward for the prevention and control of the piracy crime of online audio-visual works in my country.First,it is necessary to promote the distribution of high-quality works in the film and television industry,and explore the mode of voluntary payment by video users.Second,in the network environment,the subjective element of "profit-making purpose" is abolished,and it is included in the sentencing standard system for regulating the crime of copyright infringement on the Internet.Third,it is necessary to explore substantive and unified standards for conviction and sentencing.For example,from the perspective of victims,we should explore new standards for conviction and sentencing based on the rights and interests of victims.Fourth,the penalty update and balance settings.The application of the newly added qualification penalty should be noted that the use of the qualification penalty cannot be applied across the board,and its nature and duration must be strictly defined.It is also necessary to pay attention to the application of fines,refine the application gradient of fines,give full play to the function of criminal law,and achieve scientific crime prevention effects.