Research On Copyright Protection Related To Short Video ——From The Perspective Of Short Video Platform Responsibility

Short video usually has the characteristics of concise content,clear theme and simple production,which makes its creative subject range and audience very wide,resulting in infringing disputes of short video from time to time.How to determine the legal nature of users’ secondary creation of short videos.Specifically,whether users constitute reasonable use and whether the short video platform should bear direct or indirect tort liability for creating short videos for users is a difficulty in judicial practice.Therefore,under the background of "decentralization",the main content of this paper is what boundaries users should abide by when using other people’s works for short video secondary creation and the operation mode of short video platform.In addition to the introduction and conclusion,the main structure of this paper consists of the following three parts:The first part refines the legal issues according to the facts of typical cases and the focus of disputes.This paper selects three typical cases from the judgment document network,namely "the dispute over the right to information network communication of works between Xi’an Jiayun society company and Shanghai Xiaoming company","the dispute over the right to information network communication between Beijing Dream City Culture Co.,Ltd.and the defendant Hangzhou Xiu Xiu Technology Co.,Ltd." and "the dispute over the right to information network communication between Shanghai Juli Media Technology Co.,Ltd.and Youku information technology（Beijing）Co.,Ltd.".Aiming at the behavior of users’ secondary creation of short video,this paper summarizes the legal problems:first,the judgment standard of the legitimacy of users’ secondary creation is unclear;Second,the boundary of tort liability of short video platform is not clear.The second part: jurisprudential analysis.As the most important content of this paper,this part analyzes the controversial focus summarized in the first chapter by using legal theory.Legal analysis is divided into two aspects: the legitimacy of user behavior and the responsibility of the platform.For the legitimacy identification of user behavior,on the one hand,from the perspective of users,try to integrate the concept of "transformative use" into China’s rational use system,so as to safeguard the expressed interests of users.On the other hand,from the perspective of the copyright owner,this paper summarizes the characteristics of the short video creation subject and its creation behavior,and comes to the conclusion that some short video creation behaviors have broken through the traditional "free expression".Finally,it puts forward that the judgment of the legitimacy of secondary creation behavior should balance the interests of users and copyright owners.When analyzing the scope of responsibility of the platform,according to the role of the platform in the infringement process,the platform infringement is divided into direct infringement and indirect infringement.For direct infringement,it mainly discusses the judgment standard of "providing works",and comes to the conclusion that "legal standard" is more suitable for short video infringement cases.For indirect infringement,starting from the applicable dilemma of "notice deletion rule",this paper discusses the possibility of applying higher duty of care to the platform.Finally,it summarizes that the business model is the main factor affecting the platform liability,and provides some directions for the legal regulation of short video infringement.The third part: the conclusion and Enlightenment of the case study.Firstly,from the judicial level,it points out the perfect way to improve the current short video infringement judgment path in our country.Secondly,at the legislative level,it puts forward some suggestions to improve the legislation of network service providers in China.Finally,from the perspective of improving prior authorization,this paper puts forward some copyright law suggestions for the long-term development of short video industry.In short,the paper focuses on the new economic model of short video platform,and points out that it is necessary to strengthen the legal protection of copyright owners of short video materials.On the one hand,it is recognized that users’ secondary creation behavior has broken through the boundary of "freedom of expression",so as to constitute the use of other people’s works.On the other hand,clarify the direct tort liability and indirect tort liability of the platform.Specifically,in terms of direct tort liability,clarify the scope of helping behavior;In terms of indirect tort liability,we should impose a higher duty of care on the platform.Clarifying the copyright protection responsibility of short video platform is theoretically helpful to improve China’s copyright legal protection system;In practice,it helps to unify the application of law and promote the sound development of short video industry.