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Internet Services Providers' Duty of Copyright Filtering

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Staff Common Room, Level 2

UNSW Law Building

Union Road

Kensington, NSW 2033

Australia

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Topic: Internet Service Providers' Duty of Copyright Filtering

The progress of copyright filtering technology will revolutionarily change the way of preventing copyright infringement. The “safe harbor” rule under copyright law has already become a legal barrier to a full use of this new technology. The legislators of copyright law should revise this rule so as to encourage Internet service providers and copyright owners to adopt a reasonable copyright filtering system to identify and prevent Internet users’ copyright infringing activities automatically. This system would not only save copyright owners’ cost of monitoring the Internet and preparing take-down notices, but also reduce Internet service providers’ cost of processing the take-down notices. By setting up a reasonable standard for copyright filtering and a manual error-correcting mechanism, Internet service providers would be able to control the error rate of technical filtering within a reasonable range, and avoid harming Internet users’ fair use of copyrighted works and freedom of speech.

Speaker:

Associate Professor Cui Guobin is the Associate Dean for International Affairs and Academics as well as Director of the Center for Intellectual Property at Tsinghua University Law School. He is also the Executive Director of the Tsinghua University-Microsoft Joint Center for Innovation and Intellectual Property. Professor Cui earned his Ph.D. in law, LL.M., and B.Sc. in Chemistry from Peking University, and his second LL.M. from Yale Law School.

His scholarly interests include intellectual property, antitrust, property, and law and economics theory. He teaches Intellectual Property Law, Patent Law, IP Licensing, and Chinese Civil Law. He has published more than 20 law review articles and two popular casebooks, “Patent Law: Cases and Materials” (1st edition in 2012, 2nd edition in 2015) and “Copyright Law: Cases and Materials” (2014).

Before he joined Tsinghua in 2002, he had practiced intellectual property litigation and licensing law in Beijing and Shanghai. In 2008, he worked as an intern for Judge Rader at the U.S. Court of Appeals for the Federal Circuit. He was a visiting scholar at the George Washington University Law School in 2008, the University of Chicago Law School in July 2012, and the University of Washington Law School in May 2013.

He also serves as adjunct researcher, the Center for Judicial Protection of Intellectual Property, the Supreme People’s Court of China; Legal advisor, Beijing High People’s Court; Specialist Juror, Beijing Intellectual Property Court; and Legal advisor, the People’s Court of Haidian District of Beijing.


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Staff Common Room, Level 2

UNSW Law Building

Union Road

Kensington, NSW 2033

Australia

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