Research in "Duty of Filtering" of Chinese E-commerce Platform in the Scope of Copyright Protection -- Refer to Article 17 of the Directive on Copyright in the Digital Singles Market

Abstract

With the development of Internet technology and the advent of the era of user-generated content, copyright infringement occurs frequently. The e-commerce platform, which is dominant in the operating transaction space, needs to supervise and manage the selling activities of the merchants in the platform. The issue under discussion in this paper is whether the "duty of notice" to be performed by e-commerce platforms in the regulation of infringement occurs after the infringement and does not require the right holder to give effective notice of infringement to the e-commerce platform, and the criteria for determining the platform's high duty of care ("Duty of Filtering") in judicial practice. This paper adopts a literature and doctrine analysis method to summarize and analyze the core claims of scholars. By adopting the empirical analysis method, a sample of 200 judicial decisions related to the "Duty of Filtering" of e-commerce platforms in online copyright infringement was collected from various platforms, and the typical cases retrieved were summarized and integrated to summarize the current situation of judicial application of the Duty of Filtering of e-commerce platforms. Through a combination of empirical and theoretical research, the current status of the determination of the "filtering obligation" of e-commerce platforms in China is explored, as well as the court's thinking on the case that should be adjusted in light of Article 17 of the EU Directive on Copyright in the Digital Singles Market.