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

With the development of network technology and the popularity of intelligent mobile terminals,the information transmission is developed into the direction of fragmentation and snackization.Users’ demand for interactivity and real-time of content in social,information and other aspects is becoming more and more intense.Short video with short duration but rich content meets the needs of users to a large extent.With the rapid development of the short video industry,there have been many legal issues,especially in copyright infringement.In recent years,the copyright infringement case related to short video has been frequent.The recognition of the copyright infringement responsibility for short video platforms is not only beneficial to improve the theory of online copyright,but also helps to provide useful reference for judicial practice,which is also conducive to promoting the healthy development of short video industries.Our country’s current law on network service provider infringement responsibility has a certain degree of improving space.There is a certain dispute in the judicial practice of the short video platform of the network service provider,mainly concentrated in: judgment short video platform whether or not to form "Know" rules is not perfect.Whether the platform constitutes the duty of care is vague.The boundaries between the direct infringement of the short video platform direct infringement and the indirect infringement behavior are not clear.Therefore,on the basis of the research of short video platform copyright infringement responsibility,the copyright infringement of the copyright of our country’s short video platform is specifically analyzed,which focuses on the fault identification of short video platforms.On the basis of analyzing the US Digital Millennium Copyright Act,the EU’s Directive on Copyright in the Digital Singles Market,in order to improve the issue of the copyright infringement responsibility of our country’s short video platform.In summary,for the above problems,it is proposed to improve the identification of the copyright infringement responsibility of our country’s short video platform: First,improve the specific content of the "Safe Harbor" rules,including the standards of clear notice,and improve the relevant provisions of the counterfeit notice.Second,clarify the attention of short video platforms,appropriately learn from the EU copyright filtering obligation to improve the attention of short video platforms.Third,the identification standard for unifying the copyright infringement of short video platforms.