Research On The Determination Of Liability For Copyright Infringement On Short Video Platforms

With the prosperity and development of China's economy,especially the rise of the Internet celebrity economy,short video platforms have gradually appeared in the lives of our general public.As a new product,the network short video platform has rapidly surpassed the majority of platforms with the development of network technology,and has become the "leader" of the industry.It is undeniable that the short video platform has an inestimable business market in the current era.However,at the same time it enjoys huge benefits,due to the short video material splicing,fragment fusion and other methods,the phenomenon of plagiarism in the short video industry is rampant,causing the short video platform to fall into the dilemma of copyright infringement.In recent years,due to the development of the Internet,copyright infringement cases on short video platforms have increasedChina's "Copyright Law","Tort Liability Law" and related laws and regulations have provisions on network service providers.Based on existing legal regulations,short video platforms,as network service providers,are responsible and obliged to stop copyright infringements on their platforms However,in infringement cases that have occurred in recent years,short video platforms generally circumvent liability through the "safe haven" system.The determination of the platform responsibility in the short video copyright infringement is not only the key to the healthy and lasting development of the short video industry,but also an important factor for China's judicial compliance with the development of the times and the resolution of the problems of the times.Moreover,under the impetus of the network environment,there are more uncertain factors in the determination of copyright infringement liability of short video platforms,which makes their liability determination more challenging Today,with the rapid development of the platform,China's relevant legal provisions on short-video platform copyright infringement liability determination cannot play its due guidance value,which makes the short-video platform liability determination lagging behind.Combined with the typical cases in recent years,the dilemma of short-term video platform responsibility determination at the stage of emergence is summarized.Among them,the systemic problems are mainly manifested in the confusion of the provisions on copyright infringement of short-video platforms;the single video market has a single liability principle;The provisions on the infringement liability of short video platforms are not specific enough.Common problems encountered in judicial practice include:the impact of the copyright of short video platform works on the determination of platform liability;the application of subjective fault determination standards for short video platforms is not uniform;the form of responsibility assumed by the platform is difficult to determine;the amount of compensation for platform infringement liability is inaccurate and other issuesIn response to some of the above problems,combined with China's actual situation,and give corresponding improvement suggestions to the problem:For system problems,we can formulate regulations on the copyright of short video platforms and make detailed provisions;take different The principle of blame is combined to determine the infringement liability of the short video platform;the"safe haven" system should clearly clarify the content of notifications and counter-notifications and refine the criteria for deletion.For the problems in judicial practice,it is necessary to strengthen the determination of the copyright of the works of the short video platform;to clarify the application of the standard for determining the subjective fault of the short video platform;to clarify the responsibility of the short video platform tort liability form.