Research On Indirect Copyright Infringement Of Network Service Providers

In the information age,the development and progress of digital technology has completely changed the way of reproduction and dissemination of audio-visual works and written works.The big data and networking in the field of law are becoming more and more common.The law needs more development and improvement for it must adapts to the changing social needs.Especially in the field of copyright law,there are more and more types of Internet service providers（ISP）,but the entry threshold of users and works is getting lower and lower.In this case,the difficulty of copyright protection is greatly increased.As the potential subject of copyright infringement,ISP is more likely to be locked by the right holders,even if they do not commit any direct infringement.For the traditional theory of infringement is difficult to solve the problems of indirect copyright infringement,it has practical significant to research the indirect liability of copyright infringement of ISP.This paper starts with several typical cases injudicial practices,then discusses the legal nature of ISP and how to determine the copyright infringement of ISP,finally points out the problems in the current legislation and puts forward relevant suggestions.Based on legal system development and present situation,and analysis on the components of copyright infringement（the subjective element、the objective element and the causal relationship）,and considering the specific behavior of infringement,this paper divides indirect copyright infringement of network service providers into two types:the joint liability and the vicarious liability,further more,this paper discusses the legal basis of principle and the way to take responsibility.Because the ISP’s act of infringement is different in exclusive right domain,there often exists the following problems in the judicial practices:can’t define the specific type of the liability’s subject、has no uniformed standards in degree of "duty of care"before act of infringement、has no applicable standards of "notification-delete" rule and the ISP take a simplistic responsibility.According to these problems,this paper provides some viewpoints in the aspect of ISP’s indirect copyright infringement:firstly,clearly defines the boundary of ISP’s "duty of care";secondly,improves the applicable standards of"notification-delete",implements the rule of "notification-review-delete" and implement the"notice review delete" rule for special platforms and establish a counter notice guarantee for "malicious complaints";finally,this paper ending with the consideration of how the ISP bare the responsibility.Through these ways,the problem of ISP’s indirect copyright infringement become clearly,and can more efficiently restrain the ISP’s act of copyright infringement.