How to protect online video copyright
(1) Legal basis for protection
Online works have three constituent elements of a work: first, it has literary, The content of art or science is an extension of the author's personality and the expression of thoughts and emotions; second, it is original and is purely created independently by the author in accordance with the law; third, it can be fixed and expressed in some material form, that is, Any files freely uploaded to the Internet must be imported to the server's hard drive. This fixed result can be read and downloaded by people using an Internet host (or copied with a floppy disk or printed directly onto paper). It not only has the basic characteristics of traditional works, but also is fully protected by the explanation of works: "Works as mentioned in the Copyright Law refer to intellectual creations that are original in the fields of literature, art and science and can be reproduced in some form." should be protected by law. At the same time, this kind of protection is also consistent with the international trend of copyright protection for online works.
(2) Protection measures
1. Technical measures
Technology is the key to online copyright protection. The rights protection of online works originates from technology, develops from technology, and is also subject to technology. The profit margins and driving forces generated by data technology make the illegal copying and misappropriation of online works economically rational. To give full play to the protective function of technical measures, the first priority is to accelerate technological innovation and apply it for development. Using technology to control the use and dissemination of online works has become an effective way to safeguard the legitimate rights and interests of copyright owners in the digital field. Through the development of firewall technology, information encryption technology, watermark loading technology, CA certification technology, etc., we can effectively prevent, restrict or prohibit improper access or copying of online works, and protect the rights and interests of copyright owners and the security of online document information.
2. Legal means
Law is the core of copyright protection. To strengthen online copyright protection through legal means, on the one hand, we must strengthen legal awareness and improve the legal system for online information. It is necessary to revise and improve existing copyright laws, and formulate new laws to regulate the online transmission of works; it is possible to interpret and extend traditional copyright protection from a network perspective, and to develop special legislation for the protection of Internet works. Our country has revised the Copyright Law, and the Supreme People's Court has also made corresponding judicial interpretations, providing a legal basis for the normal operation of the Internet and the protection of online works. On the other hand, it is necessary to strengthen online law enforcement, enhance legal status, and maintain legal authority. Strengthen the crackdown on infringements in online communication and business activities, adopt a review and approval system, implement follow-up supervision, and prevent the occurrence of infringements. At the same time, the responsibilities, rights, and interests of network subjects must be regulated in accordance with the law to ensure the balance of interests of all parties involved in the network and the reasonable use of works. In cyberspace, work rights holders, network service providers, traditional media, and network users are all network subjects. Just as "all those with power are prone to abuse their power," those with power are also prone to abuse their power. Copyright owners claim absolute exclusive rights to their works, but the relativity of rights cannot allow unlimited expansion. While the law protects copyright owners' legitimate property rights over their works and the property interests based on such rights, it also needs to "set boundaries for the exercise of rights and draw fences for the rights holders' actions" and regulate the Internet. subject ofconflict of interests between them, and ensure that online works are used reasonably.
When the copyright of online works is infringed, we will also Administrative relief, arbitration relief and judicial relief can be used to remedy the damage.
Through the editor's introduction, I believe that everyone will be familiar with this I also have a certain understanding of the problem. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to consult with lawyers on this website.
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