Author: Wan Yong, Deputy Dean and Professor, Law School of Renmin University of China; Han Bingnan, Doctoral Candidate, Law School of Renmin University of China.

Abstract: The”notice-and-takedown” rule constitutes the core mechanism for exempting liability in cases of online copyright infringement. On its surface, it reflects a balance of interests between copyright holders and certain network service providers; in essence, however, it is based on an understanding of the degree to which online platforms are involved in technology and content, and represents a special allocation of online infringement liability shaped by the concept of private autonomy and by platforms' capacities to collect and filter information. Traditionally, four categories of network service providers have been placed within the scope of the “safe harbor”, with the notice-and-takedown rule serving as a specific provision applicable to providers of information network storage space and information location services, and as the core component of the safe harbor principle. With the development of network technologies, new types of network service providers have emerged, and large-scale online platforms characterized by integration, complexity, and comprehensiveness have taken shape. In China, different legal instruments have introduced the notice-and-takedown rule, leading to divergent views in academic circles regarding its nature. Following the implementation of the Civil Code, which establishes a systematic framework for remedies for online infringement through specific provisions, this development should be taken as an opportunity to reassess the application boundaries and modes of the notice-and-takedown rule in light of the technological characteristics of contemporary platforms, drawing on past repeated applications and reflective practices. Through a scientific reallocation of infringement liability, a balance of interests among copyright holders, platforms, and users can be achieved, thereby promoting the healthy and positive development of the online copyright market.

Keywords: ”notice-and-takedown“ rule; safe harbor principle; online copyright infringement; platform liability.