論提供網路侵權連結的著作權法責任–以電話亭KTV為例

Abstract

The prevalence of digital technology has changed many aspects of people’s lives and entertainment models. Taking Mini Karaoke Booth as an example, unlike traditional karaoke attracting groups of people, it aims to serve individual consumers, providing the complete set of equipment for singing in a limited space that only allows one person to stay in. The strength of Mini Karaoke Booth is the flexibility and freedom for one to sing alone at will. Nonetheless, these Mini Karaoke Booths operate in various ways. Some of them preinstalled songs in the computer for consumers to select, others offer the access to the internet for users to search. If consumers click on links that lead to unauthorized audio-video content, whether the owner of Mini Karaoke Booth shall be held responsible for users who click on the copyright infringing content via the internet access in the booth? It is common for owners of Mini Karaoke Booths to claim that they only show copyright infringing links accessed by users, yet the question arises whether it is fair when someone profited from this business model with no one being held responsible for copyright infringements? This article intends to focus on whether providing copyright infringing links shall be held responsible for copyright infringements. It will begin with exploring the relevant legislations and rulings in the US and European Union. Subsequently, this article will discuss the new Article in Copyright Act added in 2019 and relevant judicial decisions in Taiwan. Lastly, this article will draw a conclusion on this issue based on the analysis of the new regulations and rulings.