Research On Copyright Content Filtering Obligation Of Internet Service Providers

More than 20 years have passed since the "safe haven principle" was first proposed.With the popularization of the Internet and the innovation of information technology,network copyright infringement has become more universal,secret and complex.The conflict of interest between copyright holders and Internet service providers under the principle of safe harbor becomes more prominent,and the principle of safe harbor gradually transforms from a "cooperative" measure of preventing copyright infringement to an "antagonistic" means of avoiding liability.Between ISPs and copyright person imbalances contributed to the interests of the parties to the main body began to look for the possibility of haven rules reform,in March 2019,the European Union in the "Directive on Copyright in the Digital Single Market" took the lead to reform haven rules,requiring online content sharing service providers take effective filtering technology to prevent copyright infringement.Therefore,scholars from all over the world pay attention to and discuss the copyright content filtering obligation.Although the copyright content filtering obligation of ISPs is faced with the disputes of freedom of speech,personal privacy,cost,filtering error and so on,it is necessary and feasible to require ISPs to undertake the copyright content filtering obligation.First,from the current situation of copyright infringement in China,the implementation effect of the safe harbor principle deviates from its preset goal;Secondly,mature filtering technology has laid a foundation for copyright content filtering,and China has put forward filtering requirements for Internet service providers in reality.Thirdly,Internet service providers’ obligation to filter copyrighted content can promote the return of interests between copyright and Internet service providers and maximize social benefits.Finally,the construction of scientific,reasonable and effective copyright content filtering rules can minimize the cost burden of Internet service providers and the impact on users’ rights and interests,and achieve a dynamic balance between the efficiency and accuracy of online copyright infringement prevention through parallel application with the principle of safe harbor.In terms of rule design,relatively loose standards should be adopted at the beginning of the introduction of copyright content filtering obligation,and the subject of filtering obligation should be limited to large and medium-sized Internet service providers providing content publishing services,so as to reserve enough buffer time for Internet service providers.For the formulation of copyright content filtering standards,the principle of "excluding reasonable infringement suspicion" should be adopted,and specific filtering standards should be formulated for text,picture and audio-visual works respectively.In terms of the design of program rules,the copyright content filtering program can be summarized as "notice-filtering" mode,and corresponding program rules should be designed and open,transparent,convenient and efficient institutional safeguard measures should be constructed to solve the problems of excessive application,false application and false filtering.Finally,in order to ensure the coordinated operation of the copyright content filtering rules,it is necessary to pay attention to the connection between the rules and the haven rules.Only the parallel application of the two rules can achieve the best effect of copyright infringement prevention.