Research On Liability For Copyright Infringement Identification Of Online Short Video Platform

With the rapid development of the Internet and the application of big data technology,short videos have quickly become a hot spot for online users due to their short length,refined content,and fast transmission speed.Online short video platforms such as Douyin,Kuaishou,Miaopai,and Pear Video have emerged in a large number in a short period of time.These platforms mainly make profits through the model of traffic-driven advertising.With the increasingly fierce competition in the Internet market,a large number of short video copyright infringement cases have emerged.However,in judicial practice,the standard for determining the liability for infringement of short video platforms is not clear,and the application of the safe haven principle lacks clear regulations.In the judgment of short video copyright infringement cases,different judgments have appeared in the same case.This is not only detrimental to safeguarding the legitimate rights and interests of copyright owners,but also detrimental to maintaining the order of competition in the market.In response to the above issues,the article starts from following issues:whether the short video involved in the case is a work,the infringement liability identification of the network platform involved,whether the Safe Harbor Principle can be applied,and the latest notification-deletion rule of the European Union,combined with judicial practice and academic research,clarifies the nature of short videos and online short video platforms,to provide ideas for the identification of copyright infringement liability of online short video platforms.The article mainly adopts literature research method,comparative research method and case analysis method to study the identification of copyright infringement liability of short online video platforms.Firstly,collecting the literature and materials related to the copyright infringement liability of the online short video platforms by using the literature research method,and get a certain degree understanding of the copyright infringement liability of the online short video platforms;secondly,using the comparative research method to carry out an in-depth comparative analysis of different domestic and foreign approaches to the identification of liability for copyright infringement of online short video platforms,to learn and use for reference;then using the case analysis method,three classic cases related to the copyright infringement liability of online short video platforms were selected.The three cases were compared and analyzed and three controversial focus issues were summarized.Based on the legal analysis of the focus issues,the research conclusions are found out.The article mainly discusses in detail from four aspects:The first part is the introduction to the article.The introduction briefly explains the background of the author writing this article,combined with a large amount of literature reading materials,summarizes the current domestic research on this issue and states the practical significance of the writing of the selected topic,through comparative research and case analysis draw the conclusion of this article.The second part conducts an in-depth analysis of three classic cases,successively extracts three controversial focal issues.The third part systematically and comprehensively conducts a legal analysis of the three controversial focal issues,mainly from the definition of the nature of online short video and online short video platforms,the identification of indirect infringement liability of online short video platforms,and the latest EU rules for notification-deletion.Several aspects are analyzed,including the analysis and discussion on the identification standards of the infringement liability of the online short video platform and the latest notification-deletion rules of the European Union.The fourth part is the summary after the analysis of the focal issues.To clarify the originality standards of short videos,the standards for indirect infringements of online short video platforms,and to refine Safe Harbor Principle.