Research On The "Safe Harbor Rules" In Network Copyright Infringement

The “Safe harbor rules” was first stipulated by the US legislation,and it is a special exemption clause tailored for the Internet service providers.The goal is to balance the innovation and development of the Internet industry and protect the rights of the copyright owners.In 2000,it was absorbed by China's laws and achieved remarkable achievements,especially in protecting intellectual property rights,promoting the development of the Internet industry and meeting the needs of the people's network culture.But because of the law transplant technology,the industry development degree and the people's copyright consciousness,the “Safe harbor rules” has exposed many problems in the legislative situation and specific application of our country.The regulations of these principles are relatively scattered,and expressed in different legal documents,such as laws,regulations and judicial interpretations,and the conflicting terms are not rare.In the basic content aspect,the classification of service providers is too few to cover the new types in the new era.There are more shortcomings in the rules of "Notice-Take down " : First,the standard of identification of qualified notice is unknown.Second,the effect of incomplete notification and the remedy method is not stipulated.Third,the right person is more willing to bypass the "notice deleting" choice to bring the lawsuit.In addition,the "Anti notification" system is not perfect,which also makes the “Safe harbor rules” fail to play a better role.Through comparison with extraterritorial laws,some problems in China's "Safe harbor rules" are exposed.Based on the mature legal experience of other countries,combined with the current situation of copyright protection in China and the actual situation in the operation of Internet companies,the path for improving the “Safe harbor rules” of China's Internet service providers is to further expand the range of applicable targets for “safe havens”.Include as much as possible all Internet service providers related to online infringement.We should improve the basic contents of the “Safe harbor rules”,define the contents of the "qualified notice" flexibly,and clarify the effectiveness and relief way of the notice of "unqualified notification".The "Notice-Take down" rule is used as a precondition procedure for the right person to sue,so as to save the judicial resources.To improve the " Anti notification-Recovery" rule,set the time for sending " Anti notification " before the Internet service provider takes necessary measures to build a perfect network user protection mechanism,and make clear that the Internet Service Provider refuses to restore the legal responsibility of the deleted works after receiving the "Anti notification" to make up for the loophole of legal.