论文部分内容阅读
涉案“自助式视频点播系统”链接于被告主办、管理和运营的学校官方网站,虽然被告称涉案影片由其学生自行上传,但从被告“自助式视频点播系统”所设置的“热播影片”及“最新影片”栏目来看,被告许可其用户包括学生用户下载热播及最新电影至系统内供其他用户观看。被告应知在其校园局域网内提供包括《车在囧途》在内的影视作品的下载和观看服务需经相应的作品权利人许可,被告不能证明包括《车在囧途》在内的影视作品是从有经营资质的影视作品提供者处合法取得。因此,被告在原告享有涉案影片信息网络传播权期间未经原告许可,在其校园局域网内为其校园用户提供《车在囧途》影视作品的下载和观看服务,其行为侵犯了原告对《车在囧途》影片享有的信息网络传播权,主观上存在过错,且不属于著作权合理使用,应当承担侵权责任。
Involved in the “self-service video on demand system” link to the official website of the school sponsored, administered and operated by the defendant, although the defendant claimed that the film involved was self-uploaded by its students, but the defendant “self-service video on demand system ” set “Hot Videos” and “Latest Videos” columns, the defendant allowed his users, including student users, to download live and latest movies to the system for viewing by other users. The defendant should know that the provision of the video and TV viewing services including the “car in the embarrassing way” on his campus LAN is subject to the permission of the corresponding works’ rights holder and the defendant can not prove that the film and television works It is legally obtained from a qualified film and television producer. Therefore, the defendant provided the download and viewing services for his / her school users in the campus LAN without the permission of the plaintiff while the plaintiff enjoyed the right to broadcast the film and video information. The act violated the plaintiff’s claim that “ In the embarrassing way ”the film enjoys the right of information network dissemination, there are subjective mistakes, and does not belong to the fair use of copyrights, should bear the tort liability.