A Study On Copyright Filtering Obligations Of Internet Service Providers

The enhancement of dissemination ability and the convenience of generating content have promoted the vigorous development of the cultural industry,and at the same time have brought about the flood of online copyright infringement problems,and the traditional copyright protection system has been questioned.In practice,there is a model that uses network technology measures to filter copyrighted content to achieve the effect of suppressing Internet infringement.The proposal of copyright filtering obligation has attracted great attention from the copyright society for a while.This article explores whether it is necessary to introduce copyright filtering obligations in my country by sorting out the relevant content of copyright filtering obligations.The first chapter is the analysis of the copyright obligations of network service providers.The copyright filtering obligation mainly refers to the obligation of the network service provider to combat copyright infringement through the intelligent filtering system.Take the initiative to take filtering measures to avoid the occurrence of infringement.After a comprehensive analysis of the relevant connotations of censorship obligation and duty of care,it is believed that there is a cross relationship between copyright filtering obligation and special censorship obligation,and the relationship between duty of care and inclusion is contained and included.The second chapter sorts out the current regulatory model of copyright obligations and explores the dilemma of the application of the safe harbor rule in online copyright infringement.The traditional model is an ex post enforcement model represented by the safe harbor rule,and my country's current copyright protection system is also based on this model.In practice,the pre-examination mode with the help of filtering technology has emerged.The EU Copyright Directive breaks through the tradition of copyright law and sets up copyright filtering obligations for network service providers,which has triggered extensive discussions at home and abroad.With the development of Internet technology,the premise of the application of the safe harbor rule has changed qualitatively,and it cannot constrain the new network service providers derived from it.In the face of a huge and endless amount of online infringement information,the "notice-deletion" rule is lagging behind and inefficient.,the continued application of the safe harbor rule goes against the original design of the copyright system,and it is difficult to effectively protect the interests of copyright owners.The third chapter is an analysis of the feasibility of introducing copyright filtering obligations.The first is to explore the filtering technology.The algorithm filtering technologies used at this stage mainly include content metadata indexing,hash algorithm identification,and intelligent fingerprint identification technology.Relying on the advantages of digital fingerprint technology of intelligent content analysis technology,the first two are solved.The evasive shortcomings of filtering algorithms have become an important algorithm technology in the development of content filtering.Secondly,this paper analyzes the feasibility of introducing copyright filtering obligations with the help of the SWOT model.From the perspective of the internality of copyright filtering measures,copyright filtering measures have shortcomings such as high technical cost and lack of rule constraints,but they can improve copyright protection efficiency and reduce rights.It has advantages in terms of human burden and clear duty of care for network service providers;from the perspective of the externality of copyright filtering measures,it is practical to introduce copyright filtering obligations,and the review obligations in public law and the protection of technical measures by existing laws are: The establishment of copyright filtering obligations by network service providers provides the possibility.Of course,there is still the possibility of infringing the rights and interests of users by imposing copyright filtering obligations.There are obstacles to voluntary cooperation between copyright and network service providers,which need to be solved with specific mechanisms.The fourth chapter is about the establishment of the copyright filtering obligation of my country's network service providers.This article clarifies that the basic principle of copyright filtering obligations is "on application" under normal circumstances,and active filtering under exceptional circumstances.The applicable objects of copyright filtering obligations should currently be limited to online content storage space service providers and online content publishing service providers;in terms of filtering costs,the cost of filtering should be reasonably shared by network service providers and copyright owners,scattered individual copyright owners and small-scale network services Providers do not need to be burdened;in the selection of filtering criteria,the factors affecting the filtering criteria and possible forms of manifestations are explored;at the same time,the "Notice of Objection and Appeal-Recovery" procedure can be set up as a relief mechanism for filtering errors.Finally,we return to the current copyright protection system and declare that the copyright filtering obligation is not a complete denial of the safe harbor rule,but a complement to it.Both are reasonable obligations of care for network service providers.