Research On The Safe Harber Rules Of China And The United States

On the convenience, speedy and abroad internet, the spread of achievements of human civilization are accelerated. However, these characters also make copyright infringement occur frequently. Therefore, how to protect the legal right of the authors? How to promote internet development and advancement? How to make a balance of many sides'right? All of these become urgent problems. This article tries to put forward a suggestion to the use and modify of the "Information Network Transmission Right Protection Ordinance", on the basis of studying the basic conception, the derivation, and experience of U.S. and the development tendency of the safe harbor rules.This article comprises six parts as follows:The forewords introduce the incentives and objectives of this article.Chapter one introduces the safe harbor rules of U.S. Firstly, to expound the original intention and the content of setting up the safe harbors, based on introduces of the background of"The Digital Millennium Copyright Act of 1998"and the procedure of the legislation. Secondly, this article discusses the very important theory of the safe harbors named"the red flag test"and whether the internet service provider have the duty to monitor the internet which it controlled or not. Thirdly, this article compares two cases in the different period to explain their influence on the development of the safe harbor. Fourthly, the article introduces a case from Italy to analyze nowadays the safe harbor rules'tendency of development.Chapter Two introduces the safe harbor rules in China. The article analyses the subject and the"notice and takedown"of the safe harbor, on the basis of comparing the background of "Information Network Transmission Right Protection Ordinance" with"The Digital Millennium Copyright Act of 1998". Exactly, discussing how to define whether the internet service provider transforms the video file, has the obligation to review the internet, and gets the direct economic benefit from the works infringed.Chapter Three introduces the standard of known of the third paragraph of 22 Article, and then compares the difference and the superiority between the American law and Chinese law. Contemporarily, this article expounds the application and the development of it and gives a suggestion to improve the 22 Article.Chapter Four introduces the application of the safe harbor rules and the suggestion about it,based on the influence of video-websites and authors which the safe harbor rules brings to them.The conclusion summarizes the key viewpoints in this article.