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Video sharing sites Copyright Infringement Liability

Author: LinQi
Tutor: WangQuanBei
School: Fudan University
Course: Legal
Keywords: Copyright indirect infringement Imputation Principles Haven principle Solution
CLC: D923.41
Type: Master's thesis
Year: 2010
Downloads: 128
Quote: 0
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Abstract


Video sharing site as a relatively new network service providers, the establishment of the original intention is to make more and more people in the creation of the video shoot yourself in life can be uploaded to the network to share with friends or co-enthusiasts. But now a lot of video sharing site filled with popular movies, TV shows, constituted a violation of the rights of the copyright owner of the film and television works, making such sites in recent years repeatedly litigating video sharing site itself uploading infringing videos direct infringement liable for any act is not in doubt, but the focus of controversy in the judicial practice problem often lies in the video sharing site on third party website users upload infringing video you need to bear tort liability on this issue, the recognized standard in the judicial practice not uniform, the doctrinal also controversial, leading to the relevant copyright holder, the video site, the two sides reached a kind of uncertain state Game predicament, unnecessary litigation costs and waste of judicial resources. In this paper, the use of the basic theory of general tort law, combined with a detailed analysis of the particular circumstances of this indirect tort liability issues related jurisprudence and video sharing site, and put forward their views and resolve recommendations. Chapter departure from the type of video sharing sites and tort liability About, leads a discussion on the video-sharing site indirect copyright infringement system, the first clear video sharing sites as web content services provided by (ICP) legal status as well as the basic mode of operation, after that which may be incurred in the operation of two copyright infringement liability, namely direct tort liability and Secondary Liability. Two typical manifestations video sharing sites infringement of a third person if clear \\Concludes with a discussion of the video sharing sites and the copyright holder's dilemma on this issue and pointed out the importance of a clear legal standard to solve this problem. Principle of Liability issues of indirect infringement analysis in the second chapter, the first analysis of the concept of the Principles of Responsibility, that is how the infringer is responsible, after the discussion of the value orientation of the Principles of Responsibility, from the protection of the rights of adapt to two angles and the balance of risks and benefits of the technology development phase to think, video sharing sites should avoid too heavy responsibility on the principle of culpability. After conjunction with the national legislation of two types of imputation of \the constituent elements of the tort liability issues, first of all the constituent elements of the general tort multiple perspectives on theory introduced four elements that a more reasonable view. After further analysis of the constituent elements of the copyright infringement liability of such video site video sharing site alone infringing videos exist to increase website popularity \violations \The offense still is one of the essential constituent elements. The actual situation, carry out a detailed analysis of the four constituent elements of the \Chapter on such video sharing sites Copyright Infringement Liability in judicial practice the most important but also the most concentrated controversial Disclaimer principle of the principle of \Information Network Transmission Right Protection Ordinance \analyzed one by one, and pointed out that the principle of \subjective state of mind of the \The last special section of the fault of the video sharing site identified criteria, respectively, from the video sharing site established main purpose, \the subjective mentality website that rights without prior send notice of the right circumstances, with full respect for the principle of \square column layout, list editing, filtering mechanisms and other technical details of the duty of care is not and should not make it a heavier burden on Internet censorship responsibility. The only video sharing sites can be inferred in a range of specific and obvious case, \Chapter V focuses on video sharing sites Copyright indirect way to resolve issues of infringement and thinking, first of all from the perspective of judicial practice gives some suggestions, including the administration of justice should have sufficient certainty, the low compensation standards should be raised in legal thinking, and then jump out after processing such indirect infringement cases removal process should be based on the applicable notice principle, to infer the mental state \framework updates from the business model, the balance point of view of the value orientation, raised a number of specific measures and recommendations to solve the problem.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law
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