A Study On The Indirect Infringement Liability Of Copyright Of Internet Service Provider

In the Internet Environment,traditional copyright infringement theory has faced various new problems.Internet infringement is different from traditional infringement,and it has the characteristics of high concealment,uncontrollable damage,and it is difficult to find the infringer.Therefore,Internet service providers must shoulder the responsibility of the copyright indirect infringement has gradually been accepted by many countries in the world.Many developed countries such as the United States,the United Kingdom,the European Union,Japan,South Korea,and Canada have paid attention to copyright infringement issues in the network environment and formulated or improved their relevant legislation.They have established the "Notice-Delete" rule."Safe haven rules","red flag rules","notification-notification" rules,"three strikes out rules",etc.The United States mainly stipulates indirect infringement in case law;the United Kingdom has fixed the types of indirect infringement in the form of laws and regulations;Japan has made karaoke rules in its law;Canada exempts the network service provider from the prior review obligation and only needs to keep a backup of the information of the parties involved beforehand;a certain behavior has three opportunities to act or not,and to some extent the network information real name system is important,and set civil or administrative regulations correspondingly in Korea.Compared with these countries,China's copyright system has a disadvantage of starting late and has complicated rules.The theory of copyright indirect infringement has not yet been constructed into a system,and it is only scattered in some judgments.The existing problems include: the lack of system legislation on network copyright infringement,the lack of clear definition of indirect infringement,the controversy over the subjective fault of the network service provider,the unclear regulation of the indirect tort liability,and the lack of characterization of the “information network communication behavior”.The provisions on the "safe haven rules" are not clear enough.In view of the above problems,the following suggestions are proposed: a special law is set up on the network copyright to make it systematic;the concept of indirect infringement,the scope of subject,the mode of behavior,and the determination of subjective fault are clearly defined;the network service provider is fixed as the subject of indirect infringement of copyright in the law,the classification of indirect infringement is determined and the basic clause is retained;the term of the entire copyright legal system for the fault recognition of network service providers;the introduction of information network communication behavior as a superior concept into the legislation;and the “safe haven rules” in the sub-section and to avoid making judgments that are difficult to implement in practice,and the protection of network copyrights are better promoted.