A Study Of The Copyright Filtering Obligations Of Internet Service Providers

In order to solve the difficulties faced by the determination of copyright infringement liability of online service providers,increase the prior duty of care for online copyright protection in China,and make up for the inadequacy of the provisions on the duty of care of online service providers in China,this paper discusses and discusses the copyright filtering duty of online service providers as the research topic.The main research idea is to analyze the difficulties in the determination of copyright infringement liability of online service providers in China,introduce the copyright filtering obligation,and analyze the reasonableness and feasibility of its application in China,and make a reasonable concept suitable for China’s local situation by combining the relevant legislative experience of overseas countries.The first part is the introduction of this paper,which mainly explains the purpose and significance of this paper on the copyright filtering obligation of online service providers,and briefly analyzes and explains the current research status of copyright filtering obligation at home and abroad,and finally briefly introduces the research methods and ideas of this paper,as well as the innovation points and shortcomings.The second part is a review of the dilemma of determining the liability of online service providers for copyright infringement,with the intention of pointing out the problem of insufficient duty of care of online service providers in China.First,the application of the "red flag" principle in China is limited in its function,and it fails to achieve the restraint on the liability of online service providers for infringement.Secondly,the "safe harbour" principle has gradually evolved into a "safe harbour" for network service providers,unable to effectively protect the legitimate rights and interests of rights holders.Thirdly,the broad content of the duty of care has led to confusion in the application of the duty of care of network service providers in judicial practice.The third part is an introduction to the basic theory of the copyright filtering obligation of ISPs,including its origin,overview and nature.By briefly discussing the speed of the Internet’s development,the past online copyright protection system has gradually become ineffective,leading to the conclusion that the copyright filtering obligation has been created to strengthen online copyright protection.The specific concept of copyright filtering obligations for online service providers is also described in some detail.In addition,the nature of the copyright filtering obligation as a higher duty of care is defined through a specific analysis of the duty of care and the duty of censorship.The fourth part is a discussion of the reasonableness and feasibility of constructing a copyright filtering obligation for online service providers in China.This paper elaborates on the reasonableness of constructing a copyright filtering obligation for online service providers in China through three aspects: making up for the inadequacy of the existing system,the need for online copyright governance,and meeting the principle of balance of interests.It then goes on to demonstrate the feasibility of applying the copyright filtering obligation for online service providers in China through both theoretical and technical aspects.The fifth part is a review of the copyright filtering obligations of extraterritorial internet service providers.Firstly,the EU has enacted a bill to formalise the copyright filtering obligation,which has been transposed into domestic law by member states the Netherlands and Austria.Secondly,the US is actively promoting the establishment of this obligation,although there is no mandatory requirement in law.Finally,Germany has amended its Copyright Act to increase the copyright filtering obligations of internet service providers,and its detailed aspects provide useful ideas for China to build this system.The sixth part is a concrete idea of the copyright filtering obligation for internet service providers in China.This paper analyses and introduces in detail the subjects,scope and methods of application of the copyright filtering obligation and the remedies for the copyright filtering obligation of internet service providers in order to ensure the normal performance of the copyright filtering obligation of internet service providers and to protect the vital interests of copyright right holders.