On The Orientation Of Network Content-Sharing Platforms In The Copyright Protection Of User-Generated Content

Created by online users,User-Generated Content(or "UGC")has become an important part of the network content resources.As UGC gradually develops,the user groups have diversified.The commercial aspect of UGC has laid the foundation for the development of Creator Economy.Network content-sharing platforms’ ecosystem of creators has thrived alongside.However,infringements within UGC has also challenged traditional copyright protection.Ordinary online users usually lack copyright consciousness.Meanwhile,with great amount of infringements within UGC,coping the problem with copyright licensing costs way too much.Creative Commons could cut the cost down and make the licensing process more efficient,but it could not be applied in a greater scope,for the copyright industry values their profits the most.Transformative use could be less restrictive,but still lacking precision.Since copyright licensing and fair use could not provide a proper solution to the problem of infringing UGC,there is a need for other creative solutions.Network content-sharing platforms have the necessary technology and resources,which enable them to build copyright protection mechanism,thus creating a new route for solving UGC-related infringements.Digital Millennium Copyright Act has stipulated exception clauses for Internet service providers,known as the safe harbor rules,under which network content-sharing platforms are not obligated to examine all the user-uploaded contents.However,the technological conditions have greatly changed as years gone by and technology advances.Internet service providers nowadays are able to build their own copyright protection system.The safe harbor rules once built upon technology neutrality are easily abused.Therefore,network service providers’obligations as Internet service providers are being reconstructed.Judicial practice shows a tendency to strengthen platform obligations by requiring platforms to examine uploaded contents and build filtering system.Administrative departments are also strengthening platform responsibilities through administrative law enforcement and supervision measures,so that platforms would actively engage in the management of copyrighted contents and make use of their advantages in copyright governance.The growing UGC has motivated the decentralization development of the Internet,meanwhile reshaping network legal relations which once revolved around right holders and users in traditional copyright industry.Ordinary online users are simultaneously content creators,disseminators and users,which complicates network copyright legal relations.Conflicts of interest between right holders and online users are inevitable due to the massively unresolved infringing UGC.Network content-sharing platforms could be the pivot that connects right holders and online users,balancing the interests between the two.On the one hand,platforms could build copyright protection mechanism to support the communication between right holders and online users concerning infringements.Platforms could initiate creative ways for right holders to monetize from the infringing contents.On the other hand,network content-sharing platforms could enhance cooperation with copyright industry while building platform mechanisms.By working together to cope with infringing UGC,copyright industry and the Internet industry could bring an end to the tension and keep the balance between licensing efficiency and communication efficiency.Network content-sharing platforms have all sorts of advantages in UGC-related copyright protection.As Internet service providers,network content-sharing platforms should make full use of their technological advantages,carry out the filtering obligations by setting up platform mechanisms that revolve around the construction of filtering systems,and actively engage in the examining and management of copyrighted content,so that the platforms could forge prior mechanism to handle UGC infringements.As an important part in network copyright governance,network content-sharing platforms should strengthen their responsibilities to form long-term mechanisms by promoting inter-industry self-discipline practice and optimizing the basic rules for platform mechanism-building.As the pivot among network copyright subjects,network content-sharing platforms should help right holders and original creators to cope with UGC infringements,meanwhile cooperating with copyright industry,so that right holders,platforms and online users could find a greater balance point.