Copyright Content Filtering Obligations Of Internet Service Providers

In the 5G era,the increase in network transmission speed has made the phenomenon of infringement and piracy more rampant,and the "safe harbor " rule has gradually manifested its limitations,and it is unable to protect the copyright owners more legally.The increasingly mature artificial intelligence technology provides a reasonable and legal solution to the problem of copyright infringement.Internet service providers have reason and ability to cooperate with copyright owners to establish a copyright content filtering obligation and take filtering measures to prevent copyright infringement and the spread of infringing materials when the special requirements are met.There are connections and differences between copyright content filtering obligations and safety control duty,duty of care,prior review obligations.Copyright content filtering obligation not only have technical requirements,but also have special prerequisites for fulfillment.Internationally,many countries are trying to incorporate this obligation into the supervision of the network society,and they have adopted legislation to determine that Internet service providers must perform more stringent responsibilities to protect the legitimate interests of the copyright owners.The subject of copyright content filtering obligations is not all Internet service providers.Internet access service providers and internet trading platform service providers are excluded because they are not suitable for filtering measures in terms of service types,control capabilities,and operating modes.Content storage and publishing service providers and For search or link service providers that meet certain conditions should meet copyright content filtering obligation.But there is also a commercial scale to consider,which also depends on the strength of administrative law enforcement and the quality of genuine works.In the face of strong administrative law enforcement and high-quality work presentation methods,more people are willing to pay for copyright in order to pursue high-quality cultural communication and living standards,and alternative pirated source is not a concern.The selection and classification of filtering objects need to meet the four conditions of digital communication,objective technology,communication value,and the protection of users' legitimate interests.Finally,in a form that can be disseminated on the Internet,the research cases are divided into textual works,picture works,and audiovisual works,it is convenient to set the feasible range of filtering for different identification requirements.Text works should use a thousand words and80% as the threshold,picture works should take the same as the standard,and audiovisual works should be classified for a long period of time,including film and television synthesis,User-generated video and Audio.The setting of duration and ratio is not static,and the contracting party can make reasonable adjustments according to needs,so that infringing uploaded works can be filtered to the greatest extent within the scope of balancing the interests of copyright owners and users.As a third-party platform that protects the rights of copyright owners and their own rights,Internet service providers have become the main route to circulate works.They must not only avoid providing assistance for infringements,but also bear the social responsibility of strictly protecting copyrights.However,unilateral payment will inevitably lead to difficulties in the implementation of the filtering obligation,which requires the cooperation of all sectors of society.The coordination mechanism for the fulfillment of the filtering obligation not only requires a list warning from the copyright authority,and provides the filter content that can not be leaked to Internet service provider through hash values,digital fingerprints,etc.,so as to determine the scope of filtering obligations that the Internet service provider should be active fulfilling,but also requires the cooperation of right holders and Internet service providers,adopting a reasonable sharing mechanism or national policy support mechanism for providing filtering technology service providers,and achieving the best on the basis of the optimal sharing of economic benefits.Filtering effect.