Research On The Copyrighted Content Filtration Obligations Of UGC Platforms

With the advent of the Web2 era,the mode of network participation has changed from single transmission to multi-person interaction.People have changed from passive information receivers to content producers and disseminators.User-generated content platforms,as a medium for carrying complex network information,have become a high incidence of infringement.land.The current "safe haven" rules cannot effectively deal with the phenomenon of online piracy that is time-sensitive,large in quantity,and fast in dissemination.The proliferation of infringing works on the Internet has caused great harm to the protection of copyright owners’ rights and the innovation vitality of the entire cultural industry.Several well-known units have issued joint statements for many times,and the National Copyright Administration has implemented the "Jianwang" special action,pointing the finger at the copyright issues of user-generated content platforms.In order to improve this situation,the European Union and the United States have increased the obligations of relevant platforms in terms of content copyright from the perspective of law and industry self-discipline respectively.The principle of balancing interests,the maturity of filtering technology,and the development of the cultural industry,combined with the existing administrative,judicial and industry experience,to construct the copyright filtering obligation of the user-generated content platform from the legal level is to comply with the international development trend,effectively curb the proliferation of copyright infringement on the platform,and restrain the Algorithmic filtering is the only way to implement reasonable implementation.The copyright filtering obligation should be clearly introduced from the legislative level,and its status should be determined in parallel with the "notice-deletion" rule;and the copyright filtering obligation should be specifically constructed from five aspects: First,the scope of applicable subjects should be limited,and the subject of the obligation should be limited to the initial stage.A large-scale user-generated content platform,leaving enough space for the development of start-ups and small and micro Internet companies.Secondly,clarify the method of activating the obligation.Generally,it is premised on the receipt of a filtering application;for certain works,the platform actively conducts copyright filtering.Third,establish a cost sharing mechanism to reduce the cost burden of the platform and avoid users from spamming filtering applications.Again,formulate technical requirements and test methods for filtration,provide guidelines from a technical level,and help ensure the effective performance of obligations.Finally,set up a remedy mechanism to remedy the wrongly filtered content and protect the legitimate rights and interests of users and freedom of speech.