电商经营者侵犯影视剧著作权犯罪研究

Research on Crime of Copyright Infringement of Film and Television Series by E-Commerce Operators

摘要: 电商规模的扩大衍生出侵犯著作权犯罪的新模式。其中，以电商经营者为主体、影视剧为对象，主要存在销售影视剧资源、复制品和衍生周边三种犯罪行为模式。第一类是当今主流趋势，呈现出普遍化、隐蔽化、扩大化的犯罪特征。实证研究发现，此类犯罪的持续存在与产品层面、个体层面、社会层面均息息相关；在治理中也存在着线索发现难、法律适用难、侦查打击难、多方协作难的瓶颈。因此，为防控此类犯罪，需要从维权宣传、法律完善、人才培养和多方联动四个方面提升治理效能。

Abstract: The expansion of the scale of e-commerce has derived a new mode of copyright infringement crime. Among them, with e-commerce operators as the main body and movies and TV series as the object, there are mainly three criminal behavior modes: selling movie and TV series resources, copies and derivative peripheries. The first category is the mainstream trend of today, which presents the characteristics of generalization, concealment, and expansion of crime. The empirical study shows that the persistence of such crimes is closely related to the product level, the individual level and the society level. In the governance, there are also difficulties in finding clues, applying laws, investigating and cracking down, and multi-party cooperation. Therefore, in order to prevent and control such crimes, it is necessary to improve the efficiency of governance from four aspects: rights protection publicity, legal improvement, talent training and multi-party linkage.