On The Establishment Of Copyright Filtering Obligation Of Internet Service Providers

The rise and popularization of Internet digital technology has profoundly changed the way of information reproduction and dissemination,in the meanwhile,it also has had a constantly impact on the copyright protection system which keep compressing the legitimate interests of copyright owners.Based on "notice and remove" principle,the obligation of searching infringing content has been assigned to the copyright owner,which means the Internet service providers just need to passively wait for the notification of the copyright owner and adopts the measures of post-event deletion to be exempted from the law liability.However,the infringement means are shady and various,it is difficult for the weak copyright owners to lock the infringing content in the massive data.The copyright owners have been facing the dual dilemma of high cost and weak rights protection.And those Internet service providers who have much stronger supervision and control ability on the content of network platform are only needed to assume the obligations of passive attention,thus the basis of the balance of interests has been unreasonably shifted.There are voices calling for urgently changing the traditional system both inside and outside the legal field,the attitude of improving the duty of care of Internet service providers has been released from the legislative and judicial levels,and many beneficial practices of copyright filtering technology have emerged in the industry autonomy.In this paper,the current situation of Internet copyright regulation in China,analyzes the current prohibition pirated and copyright owner rights is incompetent due to the nature of "notice and remove" principle have been unable to effectively solve the pirated,and the technology development and realistic demand.Based on the mature technology of copyright filtering,this paper argues that it is an effective way to break the situation by requiring some Internet service providers to take technical measures and assume the obligation of copyright filtering under certain circumstances.Combining with the judicial practice demonstrates the necessity,establishment of copyright filter obligations it can not only realize from the source to curb the real purpose of pirated,and can reshape the copyright person and the network service providers,balance of interests between response to accelerate the era of intellectual property strategy,is reasonable and effective correction of the traditional system.At the same time,from the beneficial exploration outside the country,the current technical background and the legislative and judicial reform,it is clarified that the time is ripe for the establishment of copyright filtering obligation in China.Finally,the article discusses the construction of the specific content of copyright filtering obligation from the aspects of clear legislation,applicable scope,filtering standards and post-relief,in order to explore the beneficial path suitable for the regulation of China’s network copyright industry.