The Study On Copyright Indirect Infringement Liability Of ISP

The wide application of network greatly benefits copyrighters, it enhances the influence of copyrighted work, however, copyrighters have to struggle against the indirect infringement phenomenon. Internet service providers play an important role in the transmission of network information, yet they fall into copyright infringement lawsuits frequently, in order to standardize the order of Internet copyright and curb copyright infringement phenomenon of Internet service providers, many countries lay down laws and regulations for ISP’s indirect infringement of copyright, so does China. Our country’s existing laws, regulations and judicial interpretation etc.have involved in ISP’s indirect infringement of copyright, but more dispersed with unreasonable places. It can’t cope with existing violations and also can’t balance the protection of the rights of copyright, healthy and orderly development of the network industry and the creation and dissemination of works.This paper starts from the basic theory of ISP’s indirect infringement of copyright and introduce foreign ISP’s indirect infringement of copyright by multiple comparisons. And then presents the condition of our country, at last, I put forward some suggestions about ISP’s indirect infringement of copyright. This article is divided into four parts:The first part introduces the basic theory of ISP’s indirect infringement of copyright, including the definition of ISP、indirect infringement and imputation principle, and prepares for the introduction of problems of ISP’s indirect infringement of copyright in following part.The second part introduces ISP’s indirect infringement of copyright of the United States and the European Union with the comparative method. It focuses on the relevant regulations and standard of DMCA and Electronic Commerce Directive and mainly elaborates ISP from three aspects:obligation types of liability and limitation of liability.The third part introduces the problems of ISP’s indirect infringement of copyright in China. It’s mainly about copyright judicial interpretation、Regulation on Protection of the Right to Network Dissemination of Information and Tort Law, and then analysizes their weakpoints.The fourth part puts forward some legislation suggestions on ISP’s indirect infringement of copyright of China according to above discussion. We can improve from enhancing legislative level, clearing the obligation of Internet service provider and introducing auxiliary liability and alternative tort liability system.