Study On The Application Of Internet Copyright Safe Harbor Legal System

First, this paper aims at having a thorough,comprehensive,deep understanding of the basic theory of internet copyright safe harbor legal system.So it begins an analysis on this institution’s origin,development,reasonableness,and nature. First and foremost, on the analysis of internet copyright safe harbor institution’s reasonableness, we learn that this institution plays an important, irreplaceable role in the network information age, because it already sets up a powerful international standard in dealing with online copyright legal problem, and encourages the sustainable expansion of digital format work market, even protects the benefit of copyright owners.Second,base on the analysis of the safe harbor legal system’s nature, we recognize that the ISP does not have the duty to monitor or seek out its website’s data. And safe harbor legal system is not the duty-free clause in the tort law perspective, and it also isn’t a attributive duty clause.Furthermore,referring to DMCA’s legislation original intense, the author intend to explore the advantage and deficiency of safe harbor legal system in our country, hoping to relocation the subsidiary system of safe harbor, such as notice-take down procedure, red flag standard and so on. Especially for the clause 14-16,20-23 in the law called “regulation on the protection of the right to network dissemination of information”. Finally, we hope this study could make an contribution for the improvement of the safe harbor legal system.