Research On Copyright Infringement Of Online Video Sharing

In this new era,network video,a microcosm of the Internet industry which has been advanced prosperously,has profoundly changed the mode of production and people’s living style.However,the rapid development of online video also leads to a large number of torts,which poses some serious problems to the curret Copyright Law such as identification of subjects of torts,confirmation of jurisdiction courts,liability and compensation.The first part of this paper defined the concept of copyright infringement in online video sharing,considered it is a direct and indirect infringement of copyright by video sharing websites and part of online video users.On this basis,it further analyzes the connotation and feature of copyright infringement in online video sharing,distinguishes two types of subjects in online video:the video sharing websites and the part of video users,reveals the fictitious,universality,severity and other characteristics.Then,the second part of this paper summarizes the subjective and objective causes of online video sharing torts,believes that the technical,environmental as subjective factors and motivated by profit,fluke mind as objective factors,both of them led to the occurrence and spread of torts.The third part of this paper discusses some judicial problems caused by acts of torts in online video area,which includes the difficulty to identify the subjective attitude of video sharing websites,lack of clear compensation amount standard for network video users,difficulty to determine the jurisdiction of online video litigation,the legal lag brought by new acts of torts of online video,and etc..Oriented by problems and based on domestic and foreign judicial practice experience,the fourth part of this paper focuses on putting forward some suggestions on the improvement of the Copyright Law.The suggestions are as follows.It is necessary to unify the criteria for determining video sharing websites’ subjective attitude.Then,it is also important to specify the amount of compensation for network video users.What’s more,we can confirm the place of jurisdiction by using legal principles,and can regulate new types of torts with the help of judicial precedents.The paper aims to specifically analyse acts of torts of online video,and to propose respective legal regulations for two different subjects--video sharing websites and online video users--to protect copyright owners’ legal rights and interests,which may keep the Copyright Law of China with time and make a guarantee mechanism for the healthy development of cultural industry.