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2010 At the end the beginning of the Lunar New Year blockbuster was in full swing, from the But, when at the box office triumph, pirated pace.
1 7 Let the bullets fly, At the same time, cool, 6, Tudou and other famous video sharing sites have not seen such a video, only some of the relevant trailer.
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industry believes that the legal risks faced by video search smaller, more subtle infringement Therefore, the gradual standardization of the video sites at the same time, video, Internet search sites are becoming a breeding ground for pirated video content.
this, the film and television industry outcry, the music recording industry search has been ruined, can the film industry will also be facing the fate of the impact of video search?
current guests
East China University of Political Science Professor Wang moved, Ph.D. tutor
State Russell Group and Shanghai law firm
in the past few years, Internet video site has been the protagonist of copyright disputes, violations common in the industry, since the second half of 2010, with the supervision of the increase, start the video piracy website convergence, but unfortunately, the Internet infringement of the New Year in the recent wave of large tracts of piracy, the video search sites on the Internet has become the protagonist.
what count as copyright infringement?
in the Internet industry, the search technology itself is neutral. Aspects of video search sites for infringement defense is that he is only a search engine, search the download resources uneven, which has pirated genuine, some are individual uploaded video content can not do the search to 100 % genuine. According to this reasoning, the video search sites will stay out with the nature of search technology, then this argument is reasonable? Whether the behavior of video search sites be considered infringement it?
Wang moved: video search sites can not be generalized tort or otherwise identified, depending on the context. China's That is, I do not know if the video search site is linked in the case of infringement, the copyright side receiving the notice, and promptly block or take down infringing content, then do not constitute infringement.
the other hand, if the user searches for On the other hand, no legitimate site will give some possible download the source (film length was significantly more than an hour, the search results is the BT seeds), then the infringement is clearly the category.
Russell Group: For such as or filtering technology to prevent violations from occurring. From now, many video search site large obvious of these popular to constitute copyright infringement.
MP3 search
2010 年 1 26, the Beijing First Intermediate People's Court found Baidu MP3 search illegal, and rejected, including Universal Music and so on Baidu's claim, which lasted nearly 2 years IFPI v. infringement case report Baidu MP3 a paragraph. MP3 search and video search technology similar to that Baidu's search for the adjudication of the case if there are violations on the video search reference it?
Wang moved: both is not the same. Yahoo's music search in China in the early years was sentenced to infringement case, Yahoo China site because not only providing pirated music search, listen, download services, but also by music style, popularity rankings and other criteria produced a single classification of the different information a
2010 年 10 月 excellent friends Bullock v. TCL, Thunder and other contributory infringement case, the court held that the Thunder and TCL for the content of the film was edited, in this process, they should recognize that the editing process is infringement , and search out the contents of BT seeds, had no right to the authorization of the production, so the court held that the TCL and the Thunder was sentenced to contributory infringement. The case can be seen as the video search for the reference of such cases infringement case.
be seen whether the
Network Video tort really the convergence of it?
in the past 2010 years, hundreds of thousands of Internet video can be used to describe the infringement cases, and as the video site's less, one can not help asking convergence of online video Infringement really it?
Russell Group: convergence of video sites do much, except some sporadic U.S. drama, drama and other violations, mostly accumulated at hand now is the .
Network Video infringement, however there are still many problems. For example, after the old films being pirated rights difficult, some years ago, released the film, even if that infringement of copyright owners, it is difficult Gao Ying. The face of smaller sites and individuals who direct infringement, copyright owners can not effectively combat piracy each other.
really regulate the industry have to rely on the Copyright Office and the environmental basis of telecom operators, the Government should pay attention to, if found illegally infringing websites, telecommunications operators can first take the initiative to its Web site shut down or blocked.
Wang moved: the amount of compensation is low, would not achieve shock and awe, but also to combat the effects of violations to some extent. Tort compensation in China should not have punitive, This is not the same as the United States, the United States tort law to support punitive damages, and sometimes a case for compensation to the hundreds of thousands of dollars.
to 2010, all rights case there are still more than half from the network, the situation is not optimistic, and compensation for the infringement of legal provisions is expected there will be no change in the near future.
TIPS
As of press time, the latest news, Jan. 11, the Supreme People's Procuratorate and the Ministry of Public Security jointly announced a violations of network communication in the detailed provisions, video and search sites or will face more stringent laws and regulations.
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