An Empirical Study On The Determination Of Deep Link Copyright Infringement

The biggest impact of the Internet on copyright law is the change in the way works are copied and disseminated.The development of network technology makes the combination of the reproduction and dissemination of works.Anyone can reproduce and disseminate works in a short time by simple operation.As the core element of the Internet,network links enable users to locate and obtain the required information in the complex network data quickly,but it also causes many difficulties.Does deep links infringe information network transmission right?How to determine the identification criteria?How to coordinate the conflicts of interest among the relevant subjects?Facing the above problems,the academic and judicial circles have studied them from different perspectives and put forward many views,but there is no unified conclusion at present.Analyzing the nature of deep linking and defining the standard of tort determination can effectively balance the interests of relevant subjects,provide legal basis for judicial decisions,and then solve the widespread deep linking tort disputes.Through statistical analysis of case data,this paper summarizes the existing judicial differences,and combines with the relevant research status abroad,evaluates the existing standards,and puts forward legal suggestions.The article is divided into four chapters:The first chapter is investigation on the judicial status of deep-link copyright infringement recognition.Through the statistical analysis of judicial cases,we can see that there are the following opinions on the identification of infringement of deep links in our judicial practice.Firstly,according to the "server standard" to determine whether deep links constitute indirect infringement of the right to disseminate information network.If it does not constitute indirect infringement,it may constitute unfair competition.Secondly,according to the "customers’ perception standard" or"substantive substitution standard",deep-link directly infringe the right of information network dissemination.Chapter two is some case studies on the identification of copyright infringement of extraterritorial deep links.By investigating the typical cases of deep links in the United States,the European Union and Germany,we can see that the United States mainly applies "server standard" and "substantive presentation standard".The European Union mainly applies "new public standard" and "non-commercial unknown standard".Germany mainly applies "server standard" and "customers’perception standard"Chapter three is the comparison of different standards for the determination of copyright infringement in deep links.Although the user perception standard is easy to apply in judicial practice,its subjectivity is too strong and it is easy to dislocate with objective facts.Although "server standard" clearly distinguishes between direct and indirect infringement,the scope of regulation is too narrow,which makes the right holders bear too much burden of proof.Compared with other standards,the"substantive presentation standard" is more reasonable.It not only solves the common problem of "piracy chain" infringement,but also distributes the interests of the three parties fairly on the basis of safeguarding the value of copyright owners’ works.Chapter four is the suggestion of judicial application of "substantive presentation standard".Under the "substantive presentation standard",we can expand the interpretation of the right of information network dissemination,divide the act of"providing to the public" into upload and display of works,and affirm that deep linking constitutes a direct infringement of the right of information network dissemination.Setting up chains to present works on their web pages through deep links belongs to the exhibition of works,constituting the behavior of information network dissemination.The principle of presumption of fault should be applied to the determination of the subjective fault of the set-up party,and the set-up party should prove its subjective fault-free,thereby reducing the burden of proof of the right holders.