Copyright Infringement Liability Analysis On Network Sharing Platform

Writers v. Baidu in march15thof2011aroused public concern about the protectionof intellectual property on the network. Internet service providers(ISP) who provideupload platform does not necessarily bear tort liability, when the content upload by itsusers violates the copyright of others. When the tort work is updated by ISP, he shouldtake on the direct infringement liability. If ISP don t should know and knowing there istort work on his web, and deleted it in time after been informed, he don t need to assumetort liability, that is Port Principle. This paper discusses the copyright liability aboutISP from Baidu library event, focus on some practice problem about indirectinfringement theory.China s copyright law in the newspapers published,performance, and videorecordings, radio stations broadcast and so on four kind of communication forms aremade refining regulation, but to the Internet this emerging media nothing. Althoughaccording to the legislative spirit and principle, can be made to the baidu libraryinfringement of the infringement, but in some specific issues but can t find clear basis.Such as baidu this use the other copyright indirect benefit the profit pattern of how todefine, Internet users upload to establish library how to share the burden of tort liability,which is in the new media environment appear copyright new problems. The legislationin China and no clear rules, it left a lot of their interpretation of space.An overview of Baidu Library basic case, for Baidu Library product nature, legalnature, origin and development of UGC mode, the information storage space to thenature.From the traditional theory of definition, analysis of network sharing platformcopyright tort and infringement constitute direct." JiaJia v. Beijing Baidu Netcom scienceand Technology Co., Ltd. copyright infringement " case, the network sharing platform ofreasonable use of copyright and disclaimer requirements analysis. By " the Digital Millennium Copyright Act "," the people’s Republic of China ","copyright law of the people’s Republic of China tort law "," regulation of informationnetwork dissemination right protection " and other laws and regulations and relevantjudicial interpretations, whether the application of Baidu Library dispute analysis of the "safe harbor rule " and " Red Flag Standard ".China’s network copyright protection andputs forward a new mode of development, as the " people’s Republic of China CopyrightLaw "," regulation of information networkdissemination right protection " to providespecific legislative proposals.