Research On The Copyright Issues Of IPTV Playback In The Context Of Triple-play

Under the background of triple-play convergence,disputes over IPTV playback infringement of copyright have emerged in recent years,which mainly focus on the characteristics of IPTV playback and whether the network operators constitute “joint infringement by division of labor and cooperation”.IPTV,as triple-play’s typical business mode,has the functions of playback,on-demand,forum,etc.,which are different from traditional TV,and the broadcaster and the network operator take up the functions of content provision and information transmission respectively and cooperate to conduct IPTV business.Even if it is difficult to disregard the broadcaster’s involvement in the industry,IPTV playback cannot be categorized as broadcasting right.Instead,due to its high level of freedom and constant user access,it should fall under the category of information network transmission right.Through the analysis of the existing decisions,the court did not ascertain the basic facts and then decided that the network operator and the broadcaster constituted “joint infringement by division of labor and cooperation”.Actually,the division of labor between them was both “statutory”and wilful.However,in most cases,network operators only play the role of information transmission and have no intention to provide infringing contents.As for contributory infringement,the network operator also needs to be subjective fault,and its information transmission function is a “statutory duty”in IPTV business,and fulfilling the basic transmission obligation of the cooperation agreement cannot be regarded as helping to infringe.The view that IPTV playback constitutes fair use ignores the value of the exclusive information network transmission right obtained by the video websites and the commercial nature of IPTV playback itself,which conflicts with the normal use of the work.To resolve IPTV playback copyright infringement disputes,it is necessary to return to the act of “playback” itself,interpret “interactivity” in a reasonable way,clarify the role of network operators in IPTV playback on the basis of a full understanding of the operation mechanism of IPTV.Finally,it is necessary to apply the theory of joint infringement to resolve disputes over infringement of copyright by IPTV playback.