Research On Copyright Filtering Obligations Of Short Video Platforms

In order to balance the interests of right holders,network service providers and users,China first stipulated the "notice-delete" rule in the Regulations on the Protection of the Right of Communication on Information Networks in 2006.Since it is in the early stage of the development of the Internet industry,the copyright environment is relatively clear,and network service providers do not need to bear a higher duty of care,so at that time,the allocation of copyright protection obligations in the rules was reasonable.However,with the development of technology and the change of industry,the frequent occurrence of short video infringement,the "notice-delete" rule in the newer field of short video copyright gradually leads to an imbalance of interests,short video platforms as the main beneficiaries of copyright content only need to bear secondary copyright protection obligations,while short video copyright owners as the secondary beneficiaries of copyright content need to bear the main copyright protection obligations.In addition,it should be noted that the role of short video platforms has changed from "content storage" to "content provision",and the development of filtering technology has made platforms have the corresponding ability to assume a higher degree of copyright protection obligations.Therefore,it is necessary to add a new copyright protection obligation configuration rule to the "notice-delete" rule,and make the specific type of network service provider of the short video platform the main bearer of the copyright protection obligation.Unfortunately,China’s laws do not currently make further provisions on the copyright obligations of short video platforms.Even the Detailed Rules for the Standards for Reviewing Online Short Video Content issued by the China Online Audiovisual Program Service Association on December 15,2021 only provides a specific basis for platforms to review short videos,and does not make clear requirements for the copyright protection obligations of platforms.Therefore,strengthening the copyright protection obligation of short video platforms through laws,that is,setting copyright filtering obligations for platform parties is the reasonable way to protect the copyright of short videos at present.Based on the above problems,this paper combines the theoretical research and practice of short video copyright protection,focuses on the copyright filtering obligation of short video platforms as the main line,analyzes the shortcomings of the current short video copyright protection system in China,and draws on the advanced copyright filtering experience outside the region to put forward relevant legal suggestions on the setting of copyright filtering obligations of short video platforms.The main text is divided into four parts,the main points of which are summarized as follows:The first part,the theoretical basis of copyright filtering obligations of short video platforms.First,the copyright filtering obligation of short video platforms is legally defined,and the meaning and nature of the copyright filtering obligations of short video platforms are discussed;secondly,the necessity of the establishment of copyright filtering mechanisms for short video platforms is analyzed,including the limitations of the application of the "notice-delete" rule and the superiority of the copyright filtering mechanism;finally,the rationality of the copyright filtering obligations of short video platforms is analyzed from two levels: theoretical basis and practical basis.The second part analyzes the dilemma of copyright filtering of short video platforms and its causes.The dilemma of copyright filtering on short video platforms is mainly reflected in the fact that the gap in the legislation on copyright filtering provisions has led to copyright filtering being unclear in judicial application.Then analyze the causes of the copyright filtering dilemma of short video platforms,including the controversy over copyright filtering,the interest-driven online piracy,and the difficulty of voluntary cooperation in the industry.The third part is the experience of the copyright protection obligation of extraterritorial network platforms.Comparative studies were conducted from two perspectives: at the legislative level,the current "safe haven model" for copyright protection in the United States,which is relatively balanced in the development of the copyright industry and the Internet industry,and the European Union,where the copyright industry is relatively developed,has taken the lead in promoting the traditional copyright ex post facto protection model;at the judicial level,it mainly studies the attitude of the courts to filtering measures in the judicial practice of extraterritorial countries.The fourth part,the legal advice for setting the copyright filtering obligations of short video platforms.It discusses the legal creation,operation rules and guarantee mechanism of the copyright filtering obligations of the short video platform.Legal creation,To clarify the specific location and legal expression of the copyright filtering obligation rules of the short video platform,And make it clear that the relationship between the rule and the "notice-delete" rule is going hand in hand;On the running rules,Through judicial interpretation,the applicable subjects and objects,applicable standards,starting procedures,filtering cost sharing rules and filtering error relief rules of short video platform copyright filtering obligations are clarified;In terms of the guarantee mechanism,Establish the "best cooperation" mechanism between the short video platform and the short video copyright owners,the certification and supervision mechanism of the copyright authorities,the collective management guarantee mechanism of copyright filtering and the legal responsibility for violating the copyright filtering obligation.By constructing the short video copyright filtering mode of multi-subject cooperation,the copyright filtering proceeds smoothly.