关键词: 版权法, 避风港原则, 法律适用性, 网络服务提供者, 百度文库

Abstract:

Regulations on the Protection of the Right to Network Dissemination of Information is an important progress in China’s copyright legislation. The applicability of the safe harbor principles in it is quite controversial in the practical application. This paper takes the example of the infringement of Baidu Library to analyze the basic concepts, such as “should know”, “nonprofit”, “identify the right owner”,“reasonable notice”and “immediately remove” and so on, and then studies the applicable conditions of safe harbor principles, and finds out the vulnerabilities of China’s copyright legislation. Some methods to reduce the network infringement disputes are put forward, such as improving the legislation, innovating the systems, supervising by softwares, and so on, to provide a theoretical basic for further improvement of the safe harbor principle.

Key words: Copyright law, Safe harbor principles, Legislative applicability, Internet service providers, Baidu library