| 英文摘要
| The development of Internet audio-visual media has been a process of testing the boundaries of the Copyright Act and the Regulation on the Protection of the Right to Communicate Works to the Public over Information Networks. Infringing behaviors or business models using new technology or in the name of innovation emerge ceaselessly. Among these, the appearance of deep-linking brings enormous convenience to viewers and creates great market demand on the one hand, while on the other hand results in decreased user clicks, lower advertising earnings, increased server bandwidth and such multiple pressures for linked websites, because of uncompensated use of video resources freely provided to viewers after sorting. China, being where video aggregation applications (“apps”) first emerged and a country developing extremely quickly, has faced significant challenges therefrom to its legal foundation and judicial decision-making. Different views on the status of video aggregation apps can result in such differing findings as direct infringement, joint infringement, breach of technical protection measures, or unfair competition. At the same time, because China in the area of copyright infringement lacks provisions on indirect infringement, the application of the law is confused, and judges have difficulty reaching accurate conclusions. Therefore, the author suggests that the actions of video aggregation apps’ should be viewed as direct infringement of the information network distribution right, and that operators thereof, having objective knowledge and intent, must bear liability to compensate for damages. Secondly, China’s Copyright Law’s definition of film works is outdated, causing some film works to be unprotectable. The law should be amended to bring these within the scope of protection, adopting the concept of “audio-video work”, and at the same time rules introduced on the owners of rights to film works, to clarify the legal status of authors and property ownership of producers. |
