Research On The Copyright Infringement Liability Of The Internet Service Provider

The Copyright Law is aimed to maintain the balance between the copyright owners, Internet users and the Internet service providers, but now the copyright infringement cases on the Internet share a large proportion of the intellectual property infringement cases, the interests among the Internet copyright subjects are unbalanced, therefore it is significant to regulate the copyright infringement liability of the Internet service provider reasonably to protect the interests of the copyright owners and to promote the development of the Internet industry. This paper defines the Internet service providers, introduces the concept, features and types of Internet copyright infringement, interprets the important systems of copyright infringement of the Internet, it also analyzes the “notice-take down”procedure and “should know rule”. Based on the protecting regulations of the transmission right of the information network, this paper analyzes the identification of the copyright infringement liability of different Internet service providers.In this paper,it analyzes the problems in the copyright legislation of the Internet service provider in China based on the relevant legislation of the Internet copyright, it also provide suggestions from the following several aspects:Mainly including the strengthening of the system and coordination of legislation, embodied in the unification of substantive rules into the Copyright Law.We should improve the ability to foresee the new type of the internet service providers and the infringement of Internet copyright,then to maintain the harmonization of the legislation. Making the effectiveness of the defect notice explicitly,this paper is tolerant of the effectiveness of verbal notification. The suggests also include improving the system of getting and putting evidence.It is necessary to make the meaning of “knowing rule”clearly.Confirm the calculation method of tort damage compensation.Further confirm the identity of the copyright owners and copyright infringer. This paper also includes establishing a combination system of punitive reparation and copyright compensation. It is expected that these suggestions can provide a useful reference for improving the legislation of the copyright infringement liability of the Internet service provider.