What are the causes of online copyright infringement and who is responsible for the infringement?

Online copyright also needs public attention. Currently, there are many cases of online copyright infringement. Copyright owners are definitely not willing to find that their works have been infringed. When facing online copyright infringement, you need to understand the reasons. So, what are the reasons for online copyright infringement? To whom does the infringement liability belong? The editor of Legal Savior Network tells us that it depends on the actual situation.

What are the causes of online copyright infringement and who is responsible for the infringement

Copyright infringement on the Internet can be divided into two major categories based on different infringement behaviors:

1. General behavioral infringement

This is the current mainstream classification method, which is divided into three types:

(1) Upload:

Upload has two forms:

The first is to digitize traditional works and then upload them to the Internet;

The second is to directly upload works that are themselves in digital form to the Internet.

(2)Reprint;

This refers to the unauthorized use of The reprinting of his online works on the Internet is actually copying and transmitting between networks.

(3) Download:

It refers to the unauthorized use of Works published online are downloaded and published in newspapers and periodicals, or stored in memory, or printed on paper media.

2. Special acts of infringement

Infringements in the process of uploading, reprinting and downloading are It is common in the Internet environment, and has been determined by law to be an infringement of copyright. This article believes that it is necessary to study and discuss the special behavior of hypertext links.Under what circumstances does online copyright infringement occur?

What are the attributions of infringement liability

1. Network The principle of liability for copyright infringement

In terms of the principle of liability, the biggest question is whether the fault principle or the strict liability principle should be used.

Currently, scholars have several different opinions on the liability principles for online copyright infringement:

(1) It is advocated that the principle of fault liability should be applied, and the fault of the actor should be used as the basis and final element of liability.

(2) It advocates the application of the principle of no-fault liability, that is, regardless of whether the actor is subjectively at fault, as long as there is a causal relationship between his behavior and the damage consequences, he should bear the responsibility civil liability.

(3) It advocates the application of the principle of presumption of fault, that is, in order to protect the legitimate rights and interests of the victim, the law stipulates that the perpetrator can only provide evidence to prove that he is not at fault. Not liable.

2. Infringement liability of online content providers

Online content providers refer to A type of subject that selects a certain type of information and uploads it to the Internet for users to access. If the information you select and publish online contains illegal or infringing content, you may be liable for infringement.

First, network content providers, when they know that network users are infringing others' copyrights through the network, should bear joint infringement liability with the network users. The principle of liability is the principle of fault liability.

Second, Internet content providers, knowingly knowing that Internet users are infringing others’ copyrights through the Internet, still continue to infringe upon other people’s copyrights despite being warned by the copyright owner with evidence. If you do not take measures such as removing infringing content to eliminate the consequences of infringement, you shall bear joint liability for infringement with the user. At this time, the online content provider subjectively changes from ignorance to knowledge, so the principle of fault liability still applies.

3. Infringement liability of network service providers

Network service providers refer to For various open networks (mainRefers to the Internet) a type of entity that provides information dissemination intermediary services.

First, the "discovery" does not specify whether it is the "place of first discovery" or "a place where it can be discovered." According to this provision, the copyright owner can go Any place in the country to sue the infringer;

Secondly, the use of this provision conflicts with the current Civil Procedure Law, which requires the prerequisite for filing a lawsuit. There is a clear defendant.

What are the causes of online copyright infringement and where is the attribution of infringement liability? If there is an online copyright infringement, the parties can pursue the corresponding responsibilities from them and use the law to protect their own rights. copyright. When you find out about the reasons for online copyright infringement or how to deal with the problem of being infringed by others, you can contact the lawyers of Legal Savior Network to ask how to protect your rights.