Research On The Identification Of Infringement Of Online Film And Television Works

The copyright ownership specification of audiovisual works is an important achievement in the third revision of our copyright law,Audiovisual works are divided into "film works,TV series works" and "other audiovisual works",which is in line with the change in the communication form of film and television works under the condition of the Internet.Under the condition of the Internet,film and television works are no longer limited by time,media and region,and online communication can more conveniently meet the needs of users.The development of science and technology has accelerated the transmission speed of film and television works on the Internet and expanded the possibility of transmission,but also provided more ways for criminals to violate the copyright of film and television works on the Internet.For a long time,Chinese provisions on the network film and television infringement judgment are generally general,and theoretical circles should pay more attention to the study of the network film and television infringement judgment.In particular,different courts have different judgment scales in the aspects of investigating the liability of copyright owners and determining damages,which affects the legislative level of network television works and the quality of legal protection of network television works.Therefore,it is realistic and necessary to explore the theory and practice of the identification of network film and television infringing acts.Compared with the developed countries’ legal regulations on the identification of tort of network film and television works,our current problems are not perfect in the identification of tort subject responsibility,the unification of the reference standard of the amount of damage compensation,the specific application of the "safe haven principle" and the unification of the identification standard of tort.Firstly,from the perspective of interest balance,it is suggested to replace the more widely used "server standard" with "material substitution standard" in judicial practice,expand the identification of "information network communication behavior",limit the scope of "providing works",and safeguard the interests of copyright owners to the greatest extent.Secondly,the applicable rules of "safe haven principle" should be perfected to avoid the abuse of "safe haven principle" by network operators.Finally,it is suggested to identify the subject’s responsibility,construct the copyright compensation system,and improve the relevant supervision and registration system from the three perspectives of legislation,justice and government,so as to continuously refine the specific rules for the identification of infringement of network film and television works.