Research On Copyright Infringement Liability Of Audiobook Platform

With the advancement and development of Internet technology,the source of works is no longer limited to the creation of writers,and the way of dissemination of works is no longer limited to the transmission of traditional paper volumes.Under the new background,the production and dissemination of the content of works become more and more easy and common with the help of "recipients of information" and "dissemination platform of information",that is,users and network platforms.It has been proved by practice that these two methods have become an important and effective way for modern people to acquire knowledge.According to China Internet Network Information Center(CNNIC)'s 43 rd "Statistical Report on Internet Development in China" released in Beijing on February 28,2019,as of December2018,the number of Internet users in China was 827 million and the Internet penetration rate reached 59.6 %.Behind this huge set of data is the rapid development of the Internet and various audio and video apps.At the same time,the growth of the Internet community is also one of the reasons for frequent infringement cases.In addition,because it is difficult for people to distinguish between providers and users of cyberspace information,online illegal behaviors are more likely to occur.The uniqueness of the network makes it more difficult for different types of networkillegal actors to distinguish,and it further exacerbates various types of illegal behaviors on the network to a certain extent.Audiovisual infringement cases have become a widespread phenomenon in the industry with the development of technology.In order to realize its benign development,the audiobook platform will actively purchase copyrights,but the purchased copyright content is mainly used for PGC(Professional Generated Content)production.The problem of infringement in the production and uploading of audio has been endless,and it has become the hardest hit by rights holders in judicial practice.On the one hand,behind the frequent occurrence of infringement incidents is the performance of the audiobook platform's reliance on safe haven rules to neglect the obligation to perform content review.With the development of technologies such as artificial intelligence,recommendation algorithms,and big data,the review methods of network platforms such as audiobook platforms have also been greatly developed and changed.The application of these censorship technologies changed the traditional practice of relying only on manually reviewing massive contents of the website in the early stage of Internet development,and because of the limitation of the review conditions,the duty of attention of the network platform was inclined to the network server at that time,so it was required to pay attention The obligation is lower.With the development of scientific and technological methods,many review methods have emerged,and manual review cannot take care of the massive information.It seems that it is no longer a reason to reduce the platform 's duty of attention.On the other hand,in business practice,the platform side often The content on the list is arranged,added "fine",pushed,and sticky operations,and in order to increase the viewing volume of well-known works,the platform side often sets up leaderboards,promotional posters,content introductions and other operations.Whether from the perspective of objective and actual technology development or the subjective will of the platform,the existing network service providers are more aware of the content on the website than before.This article introduces the existing auditing technology that can be applied to the audiobook platform to propose that the standard of attention obligation of network service providers should be updated.At the same time,it is proposed that on the basis of the existing copyright mechanism,the audiobook platform can be divided into two types according to whether the online platform directly contacts the work during the work transmission process.Different infringement determination rules propose to reduce the duty of attention of online work distributors and increase the duty of attention of network communication platforms.In order to further clarify that the platform party shall not abuse the “safe haven” rules to avoid infringement risks in the name of user uploads,and shall not reduce the platform 's duty of attention on the grounds of the massive number of platform works.