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Study On Copyright Indirect Infringement Of The Video Sharing Website

Posted on:2013-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:L Y LiFull Text:PDF
GTID:2216330371960055Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the emergence of the video sharing website, more and more video without the permission of the copyright owners to be uploaded to the network, the copyright owners take the forensics, compensation ability and other aspects into account, they often bypass the uploaders to prosecute the video sharing site, but the video sharing website only provides the information storage space and publishing platform for users, in this case, how to affirm the tort liability of the video sharing website exists ambiguity. Recently, Infringement about the video sharing website occurs continuously, The problem of copyright infringement have became the main problems in the development of video sharing sites, therefore, study on the copyright infringement of video sharing website has the extremely vital significance.The essence of the copyright infringement of video sharing website is infringement of right of information network dissemination. In nature, it's the indirect infringement, the expression of it is help tort, consists of two elements. With the development of network technology, all the countries have legislation on the rules of indirect infringements. There are several different theories about the principle of liability which the video sharing website copyright indirect infringement should adopt, now our country and foreign countries is widely used in the fault liability. In order to encourage the development and application of new technology, law generally limit the tort liability of the video sharing website, that provides some exemptions. The article take the exemptions in our country for example, analyzed the specific application of the exemptions in practice. According to the fault judgment standard is not clear enough, through drawing lessons from foreign legislation, from the point of balancing benefits, put forward a few proposals to the perfection of legislation in our country.
Keywords/Search Tags:Video sharing site, Indirect tort, The principle of liability, Exemptions
PDF Full Text Request
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