Research On The Application Of Network Copyright Safe Harbor Rules From The Perspective Of Civil Code

Safe harbor rules help balance the interests of obligee,network service provider and network user,and play an important role in the determination of network infringement liability.With the official promulgation of the Civil Code,the theory and practice of Chinese civil law has formally ushered in the post-code era.Regarding the safe harbor rules,the Civil Code has made significant progress on the basis of article 36 of the Tort Liability Law.It has improved the specific specifications of the safe harbor rules,supplemented the counter-notification rules in the safe harbor rules,and clarified the network The conditions for the service provider to take necessary measures in a timely manner and the liability for compensation for the wrong notification by the right holder.In this context,it is necessary to examine the legal issues related to the application of the safe harbor rule when online copyright is infringed from the perspective of the Civil Code.Although many scholars have conducted in-depth analysis and research on the application of online copyright safe harbor rules,the current copyright-related legal norms,especially the Regulations for the Protection of Information Network Transmission Right regarding the safe harbor rules compared with the safe haven rule system stipulated in the Civil Code,there are still conflicts and shortcomings,such as unclear standards for qualified notifications,unclear responsibilities for wrong notifications,and imperfect regulations for necessary measures,which may cause damage to the rights and interests of obligee,network service providers,or network users.By sorting out the current state of legislation in our country and analyzing the actual situation of judicial practice,it is suggested to improve the relevant provisions of qualified notices,and to define the qualifications of notices and counter-notifications from the content and form;clarify the responsibility of the right holder for wrong notifications,and stipulate the constitutional elements of the error notification and the legal responsibility for the error notification;flexibly define the method and time for taking necessary measures,and clarify the legal liability that network service providers should bear for failing to take necessary measures in a timely manner.