Document Sharing: To Facilitate More Order

Yan Su, vice president of the intellectual property court of the people's Court of Haidian District, Beijing, believes that technological progress will enable people to change their cognition of the same thing at different times.

If a judgment affects the existence of a product and the survival of a technological form, the court's decision should be relatively conservative.

Duan Yuping, deputy director of the Copyright Administration Department of the State Copyright Administration, also said that when judicial decisions or administrative treatments have a greater impact on a certain mode of operation, we must be especially cautious. We should take into account the development of the whole industry while handling cases.

At present, in the aspect of network video sharing, the copyright duty of uploading works is clear.

However, in the field of written works, how to identify the tort liability of the network platform, whether in judicial practice or in administrative law enforcement, is still in the exploratory stage.

Duan Yuping believes that to determine an information storage space does not constitute infringement, the content of video can be judged from the popularity of the works, and for word works, judging from popularity is not easy.

However, in judicial practice, there is a method that may be used for reference, that is, whether the works of alleged infringement were published by regular publishing houses.

If a netizen uploads a regular publication to the space through the sharing platform, then the sharing platform should know that this behavior is possible.

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Why? From the point of view of publishers, it is unlikely that an ordinary netizen can be authorized to share their publications through an open platform.

After obtaining the authorization of the obligee, the publisher invested a lot of manpower, material and financial resources for editing and processing books.

Allowing users to share the free platform will result in loss of interest.

Duan Yuping emphasized that copyright focuses on the principle of technological neutrality, but now the traditional right people feel helpless and helpless about the rapid mass dissemination of the Internet.

In this case, the court tends to "vulnerable groups". Between the traditional media and the new media, the traditional publishing houses are relatively weak, and determine the "red flag" principle, or the fault.

It is also understandable that the Court adopted a relatively strict approach to the Internet platform.

In fact, the National Copyright Office has taken many measures in standardizing network order, such as active supervision of network video.

The higher the number of video sites actively regulate themselves, so the current network video frequency has been greatly improved.

The online sharing platform can also take various modes such as cooperation with publishers to reduce copyright risk.

Duan Yuping also stressed that Internet companies should have strong copyright awareness, take the initiative to respect copyright and safeguard public interests, and should not blindly consider themselves avoiding legal risks.

Only when the traditional media and new media achieve balance of interests and seek common development can they form a resultant force to continuously promote the development and innovation of Chinese culture.