The Research On The Indirect Infringement Liability Of Cloud Service Providers In Film Copyright

With the rapid development of cloud computing,cloud service has penetrated into people’s daily life and provided convenient service.But while people enjoy service,they also bring other problems.Film and television works is not only a part of the cultural industry,but also an important means to publicize the national image and export value culture.It is the result of the creator’s innovation.Due to the development of technology,the lack of consumer’s copyright consciousness has caused great loss to the right person.This paper takes cloud service provider as the main,focuses on the analysis of the tort of the lure and the help to film and television works by the cloud provider and the responsibility of the indirect liability of the cloud services provider.Although the cloud service has its own characteristic,it still belongs to the network service provider,so this article is based on the traditional network service provider to analyze and regulate the indirect liability of cloud service providers.This paper reviews the related literature of Indirect infringement,and finds that in the cloud computing environment,copyright has brought about new problems,but these problems can not be applied to our current laws and regulations.The auther found in the cloud computing environment the form of infringement has changed,and the traditional laws and regulations can not be fully covered in the collection of film and television copyright infringement documents.This article mainly regulation Indirect Infringement liability of Cloud Service Providers to the film and television work by the case analysis method,the literature analysis method and the comparative analysis method.The first part is about the main functions of cloud service in the process of communication of film and television works,which are storage service,temporary copy and sharing service.The second part writes about the indirect tort of the cloud service provider,mainly probes into the inducement tort and the help tort.Through the concrete analysis of the Crokster case,the author analyzes the specific manifestation of the inducement tort,and analyzes the specific manifestations of the helping tort through the Le TV v.Fast Broadcasting platform case.In this part,the network communication right and the difference between temporary replication and replication are discussed.The third part is about the cloud service provider to the film and television works of indirect tort liability.By summarizing the principle of liability imputation for indirect tort,the subjective fault in inducing infringement and aiding infringement is clarified.In the process of analyzing the case,the author analyzes and combs the subjective aspects of the tort and the tort of the cloud service provider in the film and television works.The Forth part writes the exception and evasion of the responsibility of the cloud service provider in the film and television works,and introduces the application and restriction of the reasonable use and the legal license rule,the technology neutrality principle and the safe haven rule and the Red Flag rule to the cloud service provider.