Research On Information Disclosure System In The Field Of Internet Copyright Infringement

In the dispute of online copyright infringement,how to determine the real identity information of the infringing network users in order to pursue their infringement responsibilities is a difficult problem faced by copyright owners.Generally speaking,network users need to use the services provided by network service providers to disseminate information,and in the process need to leave registration information to further use the services,and the network service providers thus become the collectors of personal information of network users and hold the personal information of network users.However,China’s laws do not stipulate that copyright owners can apply to network service providers for disclosure of infringing network users’ personal information,nor do they make detailed provisions on specific disclosure procedures.This article takes the information disclosure system in the copyright field as the object of study and puts forward suggestions for the improvement of the information disclosure system.The first chapter mainly gives a brief introduction to the basic content of the information disclosure system in the field of online copyright infringement and analyzes the problems of the information disclosure system in the field of online copyright infringement in China.In the field of online copyright infringement,China has had the practice of applying the information disclosure system,and the prototype of judicial disclosure mode led by the court,private disclosure mode led by copyright owners and network service providers,and administrative enforcement disclosure mode led by the competent copyright authorities have emerged,but due to the lack of clear provisions in law,the information disclosure system in this field is not perfect,and the information disclosure system The participating subjects,the procedures of information disclosure as well as the conditions and scope of information disclosure are not clear.The second chapter mainly discusses that constructing and improving the information disclosure system is the best solution to deal with the conflicting interests of online copyright protection and personal information protection at present from four aspects: the principle of balance of interests and the principle of due process as well as freedom of expression and social public administration function.The principle of balance of interests and the principle of due process are the legislative spirit that runs through copyright law and even all legislation,and the construction and improvement of the information disclosure system must also be guided by the principle of balance of interests and the information disclosure system,and make specific designs for the information disclosure system.At the same time,since the disclosure of the real identity information of anonymous Internet users may involve infringement on the freedom of expression of Internet users,the information disclosure system must also pay attention to this.The third chapter focuses on the positioning of the information disclosure system in the field of online copyright infringement,and discusses the information disclosure system in the field of online copyright infringement as a bridge between the copyright enforcement system and the personal information legal system from the perspective of the relationship between the information disclosure system in the field of online copyright infringement and the personal information protection legislation,the relationship with the copyright enforcement system and the relationship with the safe harbor rule,while it is a system derived from the safe harbor rule.The fourth chapter introduces the suggestions for improving the information disclosure system in the field of online copyright infringement in China,suggesting that China adopt the information disclosure mode of "private disclosure + judicial remedy",clarifying that the copyright owners,network service providers and network users are the three main parties involved in the information disclosure system,and designing the information disclosure procedure of The information disclosure procedure of "notice-forward notice-disclosure-punishment" is also designed,and the conditions for copyright owners to apply for information disclosure,the subjects who assume the obligation of information disclosure,the scope of information disclosure,etc.are discussed,and the improvement plan of the information disclosure system in the field of online copyright infringement in China is clarified.The last part is the concluding remarks,which mainly introduces the significance of improving the information disclosure system in the field of online copyright infringement in China,the shortcomings of this paper and the direction of continuing in-depth research in the future.