The Duty Of Care Of Short Video Platform In Copyright Infringement Disputes

The development of the Internet industry has brought rapid changes to people’s lives.As one of the many network products,short video has developed rapidly in recent years and plays a very important role in people’s lives.With the rise of short vision frequency,it also brings about a great deal of new problems,in particular the problem of copyright.At present,the role of short video platform as a network service provider is more and more deviated from the neutral position,"notice delete" rule is not enough to deal with the current situation of high incidence of short video infringement.Short video platform takes the network short video as the operation product,and holds the initiative of short video upload and dissemination.Its duty of care should be changed.In tort disputes,it is frequently cited by Chinese judges and requires short video platform to bear the corresponding responsibility.At present,in legislation,there is no relevant provisions on the duty of care of short video platform in China,only on the duty of care of network service providers.There is no doubt that short video platform is a kind of network service provider,but short video as a special network service provider,its duty of care needs to be combined with its own characteristics.From the perspective of the duty of care of short video,this paper summarizes the basic connotation of the duty of care of short video platform,analyzes the problems existing in judicial practice,and puts forward corresponding improvement suggestions combined with the civil code.The thesis consists of three main parts.The first part discusses the internal meaning of the attention obligation of short video platform.Through the definition and origin of the duty of attention,the function of tort law and the duty of attention in civil law and copyright law of China,and combining with the characteristics of short video platform,the content and nature of the duty of attention of short video platform in China are summarized.The duty of attention of short video platform includes the duty of attention to the review and supervision of platform content,the obligation to know the timely processing after infringement and the duty of attention which takes "information flow" as the main content.In nature,it is a duty of attention in the process of communication,a duty of prevention,assistance obligation to avoid the expansion of infringement and an uncertain duty of attention to the risk of infringement.The second part is the application dilemma of the duty of attention of short video platform in copyright infringement disputes.This part explores the application and understanding of the court to the duty of attention through the analysis and analysis of the dispute focus of the court judgment.It is found that there are many problems in judicial judgment on the duty of attention of short video platform in China.The main focus is on the inconsistent standards of application of duty of attention in hot broadcast works,the problems existing in the application of attention obligations under the consideration of direct benefit factors,disputes on the recognition of the duty of attention for platform recommendation and the lack of regulation of repeated infringement in judicial practice.The third part discusses the perfection of the duty of attention in tort dispute based on the first and second part.The paper puts forward suggestions on the improvement of the judgment standard of the duty of attention of short video platform,the further interpretation of the duty of attention of short video platform in the civil code perspective and the content of the duty of attention of short video platform.