The Study Of Copyright Tort Liabilty Of Internet Service Provider

In recent years, the confirmation of the copyright tort liability of Internet serviceprovider, especially the liability of the Internet service provider which do not directly makethe works available to the public, is a difficult and hot issue. Accurately definition of thebehavioral nature of the Internet service provider, is the key to determine its tort liability.Different from the U.S. use the distribution rights and the reproduction right to controlnetwork transmission, China’s copyright law has the Right of Communication ofInformation through Networks provisions. And in the system of China’s Tort Liability Act,there is no system of indirect infringement, the judicial practice can take advantage ofabetting contributory infringement and contributory infringement rules to regulate theInternet service provider’s network service behavior.Paper is divided into three parts, the first part starting from the definition of thebehavior of the network dissemination of information, based on the nature of the networktransmission, the behavior of the Internet service provider divide into work behavior andthe behavior of the network services, both belong to the scope of RCIN. The second partdiscusses the rules of the Internet service provider applies the rules of the "safe harbor".Ifthe Internet service provider’s behavior conform to the exception condition, it willnecessarily exempt from the liability for compensation. Part III combined with the latestjudicial interpretation of the right to network dissemination of information, discusses theapplicable rules of the copyright infringement liability of the Internet service provider inChina, according to the nature of the behavior of the network service provider, discusses itapplies to contributory infringement, abetting and contributory infringement and ananalysis of whether it shall be liable for vicarious liability.