视频播放平台版权行政责任的承担,不仅涉及对版权民事侵权行为的判定,还包括对公共利益的认定、行政执法主体和行政执法程序合法性的判定以及非法经营额的计算等问题。由于法律上未对公共利益的概念进行明确规定,法院考虑到公共利益具有的政策属性,根据侵权人的过错程度、损害后果等情节做出判断。行政执法主体和行政程序是判定行政处罚决定是否合法的关键,深圳市场监管局在处罚决定做出时已通过法定途径获得行政职权构成合法执法主体,同时深圳市场监管局已经依法履行行政处罚的完整程序,不存在法律法规规定的行政程序瑕疵,法院对此予以了确认。非法经营额是确定版权行政罚款数额的基础,在无法直接查明快播公司非法获利情况和实际经营数额的情况下,深圳市场监管局以涉案影视作品的市场中间价为依据计算出非法经营额。法院对该计算方法的肯定,对该类案件具有重要借鉴意义。
<<The copyright administrative penalty of the video network platform in this case involves not only the determination of copyright infringements,but also the identification of public interests,the legality of the subject of administrative enforcement for copyright and administrative enforcement procedures as well as the calculation of illegal proceeds. Since the concept of public interest is not clearly defined in law,rules and regulations,the court considered its policy attributes and made a judgment based on the extent of the infringer’s fault and the consequences of the damage. The subject of administrative enforcement for copyright and administrative enforcement procedures are the key to determining whether the administrative punishment decision is legal. Shenzhen Market Supervision Bureau had obtained the administrative powers through statutory means when the punishment decision was made,and it had fulfilled the complete procedures of administrative punishment according to law. The number of illegal proceeds is the basis for determining the amount of fine. In the case that it was impossible to directly ascertain the illegal profit and the actual operating amount,Shenzhen Market Supervision Bureau calculateed based on the market price of the film and television works involved. The affirmation of the calculation method by the court has significance reference value for this type of case.
<<Keywords: | Public InterestsThe Subject of Administrative Enforcement for CopyrightAdministrative Enforcement ProceduresIllegal Proceeds |