Research On Copyright Filtering Obligation Of Internet Service Providers

In order to regulate the behavior of network service providers in indulging users to upload infringing content to grab commercial profits,and enhance their legal motivation to take measures to prevent infringement,this paper discusses and discusses the copyright filtering obligations of network service providers.The whole text is divided into seven parts,the first part explains the research background,the value of the topic selection,and the current situation of research at home and abroad.Part II defines and analyses the basic conceptual and legal nature of copyright filtering obligations.The third part analyzes the reasons for the insufficient effectiveness of the copyright protection obligation of network service providers,and believes that the content productivity of network service providers has increased,the control of copyright owners’ works has weakened,the duty of prior care in the network environment is lacking,making it lack legal motivation to prevent infringement,and the "notice-delete" rule as a means of relief after the fact lacks timeliness.The fourth part expounds the legal basis for establishing the copyright filtering obligation,and believes that the establishment of the copyright filtering obligation fills the gap in the duty of prior care,improves the current online copyright protection system based on ex post facto relief,meets the practical needs of the "notice-delete" rule,and has the legal legitimacy of three aspects: clear obligation foundation from the perspective of legal philosophy,institutional value matching under the perspective of balance of interests,and rights protection response under the principle of consistency of rights and responsibilities.The fifth part examines extraterritorial practices,and concludes that the institutional practice of the EU copyright filtering obligation provides a reference for prior protection,and can be used as a reference for the rules and schemes of copyright filtering obligations,but the specific path and its implementation mechanism should be based on China’s practice.The sixth part gives suggestions for Establishing Copyright Filtering Obligations in China,proposes to take judicial interpretations into the online copyright protection system,stipulates that the filtering mechanism is a necessary measure in advance and serves as the basis for determining the duty of care,delineates the scope of filtering in combination with public protection and private remedies,and sets standards for subject,content and degree of comprehensive network service types and information management capabilities.Part VII concludes that by establishing copyright filtering obligations and clarifying the prior protection obligations of network service providers,it is expected to break through the dilemma of online copyright governance.