How to identify online copyright infringement
With the development of network technology, the relationship between content service providers and network service providers Identities and divisions of labor become increasingly blurred, and therefore in specific cases. Whether it is an infringement of the right to information network dissemination should be determined based on the specific behavior of the service provider and the content of the services provided, rather than simply determining the nature of the behavior based on his or her identity.
1. Determination of infringement for transmitting works through the Internet. The act of directly transmitting a work to other users through a network server does not result in the transfer of ownership or possession of the tangible medium of the work, and the recipient of the work is a specific subject rather than an unspecified public. Therefore, it is different from selling or donating to the public. The act of distributing original copies or copies of works is also different from the act of disseminating information networks to provide works to the public.
The number of copies of the work resulting from this behavior is Absolute increase, under the existing legal framework, this behavior can be regarded as copying behavior.
2. Determination of infringement of electronic activities of newspapers and magazines . Unless with the consent of the rights holder, the owner of newspapers, periodicals and magazines digitizes the newspapers, periodicals and magazines and places them on the Internet for browsing and review, which constitutes an infringement of the rights holder's right to information network dissemination.
3. Determination of infringement of network scheduled broadcast behavior. Since the network scheduled playback behavior does not allow users to select the time, it is transmitted through wired methods. Do not fully comply with the definitions of information network dissemination rights and broadcasting rights. In the absence of further clarification on the nature of such acts in the Copyright Law, it can be treated as "other rights that should be enjoyed by the copyright holder" in accordance with the provisions of the Copyright Law. "Basic clauses to regulate scheduled playback behavior.
4. Uploading and disseminating works on local area networks such as Internet cafes Determination of infringement. Although the scope of opening of local area networks such as Internet cafes and the scope of dissemination of works are limited. However, since users can arbitrarily choose a point in time and a computer terminal in a local area network to obtain the work within the geographical scope and time range they delimit, the method of disseminating the work is still interactive communication. Without the permission of the right holder, this behavior constitutes an infringement of the right holder's right to information network dissemination.
5. Provide links, search engines or storage space, etc. Determination of infringement of service activities. The network service provider only automatically provides services such as storage, linking or searching of works through the network according to the instructions of the content provider, and does not edit, modify or select the stored or transmitted content, unless the network service provider knows or should know that there is infringement Copyrighted acts, or failure to take corresponding measures even after the copyright owner has given a warning with solid evidence, the network service provider's behavior cannot be determined to constitute an infringement of the right to information network dissemination.
6. Determination of infringement by network access service provider . If the alleged infringer only provides equipment or technology and provides automatic and simple network access services according to the instructions of the service object, unless it selects, edits and modifies the infringing content, the behavior of the network access service provider cannot be determined constitutes an infringement of the right to information network dissemination.
7. Determination of infringement of jointly operated websites. The website operator providing the link and the content provider of the linked website or webpage If there is a cooperative relationship such as joint operation with the latter, it can be determined that it and the latter are joint infringers and bear joint and several liability.
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