JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2018, Vol. 31 ›› Issue (4): 11-19.DOI: 10.13766/j.bhsk.1008-2204.2018.0169

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Growing Tendency of Strict Copyright Protection under Online Platform Context and Its Corresponding Countermeasures

XU Shi   

  1. School of Law, Indiana University Bloomington Maurer, Indiana, 47405, U. S
  • Received:2018-05-22 Online:2018-07-25 Published:2018-07-26

Abstract:

With digital, large capacity, high transmission rate and high reductive degree, network interactive information platform gradually becomes the most important channel of distribution, transmission and access of copyright works. It also leads to the complexity and severity of copyright protection. Base on a comprehensive study of recent and typical cases, rules related to copyright infringement liability of online platform and relevant activities by copyright administrative agencies worldwide are reviewed, the study finds that copyright protection responsibilities on operators of online platform are growing stricter. Specifically, the application of "safe harbor" rule becomes narrow, "server test" is abandoned and copyright administrative agencies pay more attention to online platform operators. Accordingly, operators of online platform shall actively implement "self-discipline" in all forms and cooperation among the industry. Courts shall promote the regional coordination of trial guidelines of online platform copyright infringement. Copyright administrative agencies shall communicate with copyright self-discipline organizations, online platform operators, courts and others. Establishment of third-party dispute resolution platform with respect to online platform copyright infringement shall be considered.

Key words: network platform, copyright, tort liability, strict trend, platform self-discipline, third party copyright dispute resolution platform

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