On Copyright Infringement Liability Of Internet Service Provider

Internet Service Provider ( ISP ) is the center of message dissemination on the Internet, and it is an important platform to disseminate and exploit copyrighted works in cyberspace; However, in many times, ISP will involve in the case of copyright infringement consciously or unconsciously. Therefore how to definite the copyright infringement liability of ISP is very important, it's not only related to the interests of copyright owner, ISP and the public, but also related to the development of the Internet undertaking and informational industry. At present, the study about the copyright infringement liability of ISP in our country is very limited, legislation about the copyright infringement liability of ISP in Copyright Law of the P.R.C. is also nearly an untouched area; But in the world, the general concept of copyright infringement liability of ISP has been formed; the legislation is also being perfect. Especially, the American judicial decisions and legislation about copyright infringement liability including direct infringement liability and indirect infringement liability, is relatively deep and perfect. According to the content of the service, we can divide ISP into Internet Content Provider(ICP)and On-line Service Provider(OSP). It has jurisprudence basis for ISP responsible for their copyright infringement. The copyright infringement of ICP is all direct infringement, we should apply no-fault-liability for the copyright infringement of ICP; Most copyright infringement of OSP is indirect infringement, we should apply fault-liability for the copyright infringement of OSP. We can study the copyright infringement liability from two points of view: direct infringement and indirect infringement, and then divide the copyright infringement liability of ISP into direct infringement liability and indirect infringement liability. Meanwhile, considering the balance of interests among the copyright owner, the OSP, the public, and the promotion of the healthy development of Internet undertakings, it is necessary to establish limitation for the OSP that tally with certain conditions. The Copyright Law of P.R.C. has no provision on the copyright infringement liability of ISP, related judicial interpretation adds some provisions though it is still not enough. We should use the experience of other countries for reference, to perfect our country's legislation of copyright infringement liability of ISP.