Research On The Circumvent Of Copyright Tort Liability Of The Internet Audio-visual Industry

According to the data of the China Network Audio-Visual Program Service Association,the scale of the Chinese network advertising market have reached 229.5 billion yuan in 2016,a 21% increase over the previous year,of which the scale of the online-video advertising market had been 37.5 billion,by 2017,this figure has reached 49.6 billion yuan.[2016 “China Internet Audiovisual Development Research Report”] In the context of the declining domestic economic growth,the growing scale of advertising market also reflects the prosperity of the audio-visual industry market.While the constant development of the audio-visual industry,relevant Internet technologies are constantly being innovated,which also makes the infringement occurring on the Internet more subtle and quicker,and the interests of copyright owners are constantly threatened by new technologies.According to the monitoring data of the China Copyright Association in 2016,there are 59,606,11 piracy-infringement links in the total 1,378,072 monitoring works which includs film,sports,music,and graphic texts.In such situation,the obligees will adopt various measures to increase the protection of their works,the laws and regulations also strengthen the protection of the legitimate rights of the obligees.However,such protection has affected the legitimate use of audio-visual products by the public and has broken the balance of interests between obligees and the general public.One is that the obligees need to safeguard their own interests,while the other is that the public want to get the information what they need from the Internet more conveniently.Both sides set up a counterbalance state filled with interest game from their standpoint,in order to safeguard their own legitimate rights and interests.Internet audio-visual industry,which is protected by law,also need the reasonable limit.On the one hand,if the rights enjoyed by the copyright owner reach the level that affects the market fairness,it will form a barrier to the public’s access to relevant information and may hinder the circulation of social resources.On the other hand,in the international copyright trade,due to the developing stage of China’s original industry,in the face of lacking originality and the huge domestic market demand,the experience of imitating foreign outstanding is an important means of originality industry development in China.From the perspective of the China’s original industry development,it is even more important to pay attention to the infringement liability circumvention of the audio-visual industry in international exchanges.The study has conducted related research on the infringement liability circumvention of the Internet audio-visual industry,which is mainly divided into the following three parts:In the first part,through analyzing the characteristics of the Internet audio-visual industry,the study summarizes the main features of high-tech and globalization,centrality and cross-platform as well as complexity and concealment.To study the necessity and rationality of the infringement liability circumvention,begins with the balance of interests between the obligees with the public and the industry,and uses the necessity of dynamic balance to prove the rationality of the circumvention of the tort liability,and also starts from the self-protection in the international copyright trade to studies the necessity of circumvent of infringement liability affecting China’s copyright development.In the second part,through analyzing the relevant legal documents of copyright law in China and internationally,the study summarizes kinds of situation of liability circumvent in the Copyright Law,Infringement Liability Law and other laws and regulation.Also analyzing the exemption from specific application in the audio-visual industry,such as “reasonable use” and “legal license”.In the third part,through the reference of relevant international experience and the analysis of relevant laws and regulations in China,we found that there are many questions exist in our country.For example,imperfect supporting legal system of "Safe Haven principle" and the "reasonable use" system is inadequate in dealing with the rapidly changing Internet copyright problem.Then,look forward to the future regulation of circumvent of infringement liability of audio-visual industry.Through the discussion of the study,we can summarize the main reasons for circumvention of the infringement liability of Internet audio-visual industry in domestic and some foreign countries,and analyze the specific application of various reasons in the audio-visual industry.In addition,in the final concluding,the study also give the thinking,in view of the current imperfection of relevant legal systems,the prospects for future legal regulation are discussed.On the one hand,we can think about the adjustment of relevant laws and regulations in China so that it can always in the developing constantly improve.On the other hand,the government should provide support for the healthy development of the Internet audio-visual industry,to balance the interests of the industry and the general public,and to achieve a better and faster development of the Internet audio-visual industry.