Study On Indirect Infringement Of Copyright Of Bullet Screen Video Website ——From The Perspective Of Three Cases Such As Flying Fox Company V.Phantom Electric Company

With the rapid development of the Internet,bullet-screen video websites with user-provided content have begun to emerge,such as station A and Station B,which provide link services to realize the free circulation of information resources in the network.While providing convenient services to the vast number of users,indirect copyright infringement cases of bullet-screen video websites are increasing day by day.In the determination of indirect infringement of copyright,there are some deficiencies in the applicable provisions of duty of reasonable care,standard of know or ought to know and principle of safe harbor,which result in the phenomenon of different judgments in the same case in judicial practice.To solve the problem in the judicial practice,based on the comprehensive analysis of barrage video web site,on the basis of indirect copyright infringement cases,through the analysis of the case facts and combining the conclusion of the court of law to the barrage video site standards were analyzed,and the indirect infringement clear barrage video site reasonable duty of care standard and degree,thinking refinement haven principle provisions shall apply.This paper is mainly composed of the following three parts:The first part mainly introduces the basic facts of the three cases,and summarizes the disputed focus of the cases according to the interpretation and conclusion of the court judgment documents.The second part mainly analyzes the legal theory of the controversial focus summarized in the first part,namely,the identification of the nature of bullet screen video websites,the identification of indirect infringement of bullet screen video websites,and the application of the safe harbor principle of bullet screen video websites.The third part is the conclusion and enlightenment of case study,clarifying the nature of bullet screen video website and resolving disputes in judicial practice.The identification standards for indirect infringement shall be clarified,the identity information system of copyright video ownership shall be established,and the judgment criteria for knowing and should be known shall be refined.In order to balance the interests of copyright owners,bullet-screen video websites and users,it is necessary to elaborate the provisions of the notice of the principle of safe harbor,strengthen the filtering and review obligations of the operators of bullet-screen video websites,establish a reasonable and efficient filtering and review mechanism,avoid the abuse of the principle of safe harbor,and thus achieve the purpose of balancing the interests of copyright owners,bullet-screen video websites and users.