Research On The Copyright Infringement Phenomenon And Improvement Strategy Of UGC Platform In China

The wave of the Web 2.0 era has brought a new pattern to Internet communication.In the past,one-way communication by websites and their operators has been replaced by two-way interactive communication between websites and users.User-generated content(UGC)has also become the core feature of many new websites.These websites are known as UGC platforms,and all kinds of problems that come with the development of these platforms have become a common concern of the publishing and legal circles.Based on the domestic user-generated content(UGC)platforms as the research object,and detailed describes the domestic UGC platform characteristics and the risk of infringement,through literature analysis,case analysis and the methods of interdisciplinary research,analyzes the legal basis and responsibility of the infringement case of UGC platform,on this basis,try to put forward a number of measures and suggestions.First of all,this article expounds the research background from three aspects:the rapid development of Web 2.0,copyright infringement is prominent,strategy of prevention is not clear.The concept and classification of UGC platform in China are described in detail.For the classification of the UGC platform in our country,this article will divided it into video,literary creation,Wikipedia&education,retail,podcasts,comprehensive&vertical social networks and other platforms with characteristics of UGC.Through specific analysis of various UGC platforms,it is concluded that at present,the risk of infringement of UGC platform in China is increased,and the effect of preventing or punishing infringing strategy is not good.Secondly,from all the relevant laws and regulations of our country,this paper illustrates the legal basis for infringement of UGC platform in China and imputation,summarize the process of identification of tort liability of UGC platform,then use the process analyzes two typical cases,So as to show the relationship between layers in specific cases,emphasized the focus now should be on the prevention and remind in advance.Finally,This paper introduces six kinds of concrete measures,namely,internal improvement of the platform and protection of the external environment.The first is that the UGC platform should change its inherent "none of my business" concept and the single role of the network service provider in the platform internal improvement countermeasures.Second,the platform should focus on user data management,reflecting the positive effect brought by big data;The third is to improve the management system within the UGC platform and put forward specific measures for improving the platform user agreement.Among the external environmental protection countermeasures,the first is to impro’ve the legal provisions for the prevention of infringement,mainly adopting laws and regulations in the form of accrediting new means of copyright infringement;the second is to promote the formation of a copyright protection agreement between enterprises and establish a cooperation system for copyright protection of the UGC platform;The third is to introduce the new technology content of blockchain copyright registration,which will bring new technical support for copyright protection of UGC platform.