Research On Allocation Mode Of Copyright Infringement Liability Of Chinese Internet Service Providers

With the development of network technology,the initiative of the public to participate in the creation and dissemination of online content has been greatly enhanced.However,the public’s strong creation and dissemination ability has spawned a large number of online copyright infringement behaviors,while Internet service providers often evade responsibility by the "notice-delete" rule,and even encourage or intentionally lure users to infringe,driven by interests,in order to attract network traffic and obtain illegitimate benefits.Therefore,the "notice-delete" rule has proved difficult to balance the interests of copyright parties under the condition of new technology,which has become a tool for platforms to evade copyright protection responsibilities.Based on technology,the copyright content filtering system established in Article 17 of the Directive on Copyright in the Digital Singles Market of the European Union provides a new direction for the reasonable allocation of copyright infringement liabilities of Chinese Internet service providers.The importance of strengthening the cooperation between platforms and right holders and balancing the interest relationship between the two is self-evident.The complementarity with the "notice-delete" rule and the maturity of technology decide the system rationality of copyright content filtering system in our country,and the operability in the legislation,the judicature and the industry autonomous level lays its feasibility foundation in our country.Therefore,as an Internet power,China should base on the current situation,rationally draw lessons from the advanced legislative experience of the European Union,and from the perspective of interest balance,build a mode of copyright infringement liability allocation of Internet service providers with Chinese characteristics.First of all,it should be made clear that the obligation of copyright content filtering is not universal.Whether and to what extent the platform undertakes the obligation of filtering depends on its information management control ability and filtering technology level.Secondly,a cooperation mechanism between right holders and Internet service providers should be established to encourage right holders and Internet platforms to put forward and accept filtering requests.Finally,a relief mechanism should be set up to overcome the possible risks caused by filtering technology and protect the legitimate rights and interests of users.Attention should be paid to the importance and introduction of copyright content filtering system,which would not lead to abandonment or even departure from the "notice-delete" rule.Under the new technology condition,the traditional network copyright protection rules should be given new connotation,and content filtering is its due meaning.