Research On Copyright Infringement Identification Of Video Aggregation Platform

The rapid development of the Internet makes network users more and more demanding network services,the traditional video platform because of its single video type,network users need to jump between multiple video platforms to see the various platforms hit the film and television works,which can not meet the network users of convenient and fast requirements.Video aggregation platform can use deep link technology to gather the video content of other video platforms into their own platform without obtaining the permission of other video platforms and related rights holders,so that network users can directly watch the video content without entering the linked video site,which greatly satisfies the network user’s " One-stop " service demand.However,the video aggregation platform plays to the network users video works that do not pay the copyright fees to the linked video sites and related rights holders,which violates the legitimate rights and interests of the linked websites and related rights holders.Aiming at the problem of copyright infringement of video aggregation platform,there are different identification standards in judicial practice,including substantive substitution standard,server standard and user perception standard.Facing different identification standards,we should find a standard for the copyright infringement of video aggregation platform,which can not only promote the development of information network technology but also balance the interests between the relevant rights holders and network users.terests between the relevant rights holders and network users.As the existing copyright law of the People’s Republic of China and related laws and regulations do not regulate the video aggregation platform,local courts in the identification of video aggregation platform copyright infringement of this issue,because the choice of the identification criteria are different,so the phenomenon of different judgments from the same time occurred.In order to solve this problem,this paper clarifies the nature of video aggregation platform from the nature of video aggregation platform,whether the video aggregation platform constitutes copyright infringement and whether the video aggregation platform is applicable to the safe haven principle three,and combines the judicial practice and the theoretical research of scholars,Find a reasonable standard for the identification of copyright infringement in video aggregation platform.This paper mainly uses the literature research method and the case analysis method to study the copyright infringement identification of video aggregation platform.Firstly,the literature research method is used to collect the works,periodicals,blog dissertation and other literatures related to copyright infringement of video polymerization platform,which has a certain degree of understanding of the infringement problem of video polymerization platform,and then uses the method of case analysis to select three classic cases related to copyright infringement of video aggregation platform,This paper makes a comparative analysis of three cases and summarizes three controversial focus issues,and draws the research conclusion and enlightenment of the article on the basis of the legal analysis of the focus problem.Finally,the article mainly discusses from the following four parts:The first part is the introduction of the article,this part mainly introduces the background of the topic,summarizes the research significance and research status of the article,expounds the research ideas,research methods and research purposes of the article.The second part is to introduce the case of three cases of different sentences selected in the article,according to the court’s judgment reasons and the judgment result of the comparative analysis,summed up three controversial focus issues,for the third part of the article to pave the way.The third part is the corresponding legal analysis of the three controversial focus issues summed up in the article,first of all,the analysis of the nature of the video aggregation platform,followed by the analysis of whether the video aggregation platform constitutes copyright infringement,and finally the video aggregation platform is applicable to the principle of safe haven analysis,This paper focuses on the analysis and discussion of the nature of video aggregation platform and the standard of tort identification.The other part is the induction and summary after the analysis of the focus problem,according to China’s existing copyright law of the People’s Republic of China and related judicial interpretation,as well as the "Information Network dissemination Rights protection regulations" and other relevant laws and regulations,clear video aggregation platform content provider identification criteria,the "provision of works" behavior to redefine,The substantive substitution standard is used as the identification standard of copyright infringement of video polymerization platform.