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Research on subjective elements for the indirect copyright infringement of IPTV manufacturers in China*

Zhe Wang and Wei Li

Keywords: Internet Protocol Television; IPTV; indirect copyright infringement; joint infringement; subjective elements

This paper analyses problems that emerged with the development of China's Internet Protocol Television (IPTV) industry, especially the indirect infringement liability of IPTV manufacturers, focusing on the analysis of its subjective elements. Based on other research papers and the relevant laws and regulations, from the practical perspective of the changing conditions from joint infringement to fault and control theory regarding indirect infringement liability, this paper elaborates different approaches for the indirect infringement of China's IPTV manufacturers, and discusses the two key subjective elements that constitute indirect infringement: one is whether they are ‘aware of’ the infringement, and the other is whether they ‘fail to take timely measures to remove them’ after knowing about the infringement.

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