Research On Copyright Infringement Of Search Engine Service Provider

The search engine becomes a kind of common tool in daily network, with network turning out to be popular and people demanding more informations. On the one hand, it brings conveniences for people, on the other hand, the number of disputes related to copyright violation increases sharply. In this paper, the author will discuss the legal issues of search engine service provider.This paper is divided into four parts. Chapter1introduces the law basis of search engine and search engine service provider bearing legal liability. This part tells the technology principles and legal basis of search engine.The end of this part analyses current legislation in our country.Chapter2discuss the imputation principle of search engine service providers. This section mainly introduces copyright infringement imputation theories of the search engine service providers, it also tells theory about direct infringement and indirect infringement.Chapter3analyses relief matters of search engine service provider’s copyright infringement. It analyses this issue for two aspects:one is legal relief, another is reasonable relief matter. In order to explain clearly, it uses " safe harbor principle " for reference.Chapter4puts forward the methods to improve the copyright infringement liability system of search engine service provider after a full discussion. The purpose is to balance the interests of search engine provider and copyright owner. It sets out to deal with it mainly from three aspects:to rationally design the criterion for judging "Fair use", to clearly define the relevant legislation of indirect infringement, and to improve the self-discipline rules.