Study On The Copyright Infringement Caused By Network Video

Since the rise of the network video in our country, there have been manycopyright problems, especially in recent years, there are more and more lawsuits ofcopyright infringement filing against the network video operators. Recently,despitethe major network video websites buying copyright content of both at home andabroad, and introducing the original content, the network video copyright is havingsome new problems, such as network video operators cooperate with others to providevideos whether belongs to the infringement behavior, or the behavior as using deeplinks to spread the video on internet whether belongs to infringement behavior, theopinions are vary to these problems, and there isn’t a unified opinion. China’s currentlaw cannot provide a systematic criterion to solve such problems, and the similarcases appeared around the court have different or even opposite judgments, thereforethe discussion and study of the new way of infringement behavior is very necessaryand urgent.If the network video copyright infringement problem can not get effectivegovernance, it can only survive in the low-end of audiovisual industry value chain,and our entire audiovisual industry will deeply influenced, the audio and videoindustry’ dilemma of lacking creativity、innovation may be difficult to change.In this article, through the analysis of a typical case and combined with thetheoretical research, the author put forward some advices to solve several problemsabout the network copyright infringement in the judicial practice.This article is divided into five parts.The first part briefly introduces the basic situation of a selected case. It includesthe details of the case, and the judgment, and the focus of the dispute.The second part analyzes the network video copyright and its subject. It includesthe characteristics of network video, and then analyzes the subject and right of thenetwork video copyright.The third part expounds the criterion of network video copyright infringement. Itincludes direct infringement and indirect infringement, and discusses the criterion ofthe subject’s fault about indirect infringement from the aspects of law、practicemethods and so on. The fourth part analyzes the form of the network video copyright infringement. Itincludes common subject of infringement and some new type of infringementbehaviors.The fifth part puts forward the suggestions to solve the problem of network videoinfringement. It puts forward some suggestions respectively from the perspective ofthe perfection of law、the copyright owner、the network video operator’s point ofview。...