Video Sharing Sites’ Fault Identification in Indirect Copyright Infringements  

作　　者：Ma Yide Peng Xue 

机构地区：[1]the Center for Studies of Intellectual Property Rights of Zhongnan University of Economics and Law

出　　处：《Contemporary Social Sciences》2019年第3期109-127,共19页当代社会科学（英文）

基　　金：Marxism Theoretical Research and Construction Project and National Social Science Fund Project “Research on Intellectual Property Protection and Innovative Development”(2016MZD022)

摘　　要：Under the guidance of “technical value theory” taking both the natural and social attributes of technique into consideration, the fault in indirect infringements of copyrights by video sharing websites includes two forms:“intention” and “negligence”. As an objective criterion of negligence identification, the duty of care, is the natural extension of the security obligation in cyberspace;for a video sharing website, the foreseeable obligation of infringements is the main content of the duty of care;and it is highlighted that the degree of the duty of care hinges on different factors. For the form of liability, a video sharing website faces the difficulties of excessive costs in debt recovery after assuming the complementary liability, joint and several liability is thus alienated as an aggravating responsibility. However, according to the causative potency between the fault of a video sharing website and the infringement results, the several/shared liability can avoid the overburden to a video sharing website and distribute the risks of inadequate compensation based on the principle of fairness.Under the guidance of "technical value theory" taking both the natural and social attributes of technique into consideration, the fault in indirect infringements of copyrights by video sharing websites includes two forms: "intention" and "negligence". As an objective criterion of negligence identification, the duty of care, is the natural extension of the security obligation in cyberspace; for a video sharing website, the foreseeable obligation of infringements is the main content of the duty of care; and it is highlighted that the degree of the duty of care hinges on different factors. For the form of liability, a video sharing website faces the difficulties of excessive costs in debt recovery after assuming the complementary liability, joint and several liability is thus alienated as an aggravating responsibility. However, according to the causative potency between the fault of a video sharing website and the infringement results, the several/shared liability can avoid the overburden to a video sharing website and distribute the risks of inadequate compensation based on the principle of fairness.

关 键 词：video sharing WEBSITE SHOULD KNOW technical value theory DUTY of care several/ SHARED LIABILITY 

分 类 号：D923.41[政治法律—民商法学]