Research On Copyright Infringement Liability Of Short Video Platform

With the development of the Internet and the advent of the 5G era,China’s short video industry has been booming all the way,and all kinds of short video platforms have sprung up.However,because of the short duration,fast dissemination speed and long rights protection cycle of right holders,many serious short video infringements have spawned.In these infringement cases,the determination of the responsibility of the short video platform has become a difficult point,and there is also a big difference in the determination of the amount of compensation,leading to the phenomenon of "different judgment in the same case".Through the case analysis of this article,defining the type of tort liability of the short video platform and drawing the boundary of the duty of care are of great significance for regulating the copyright infringement of the short video platform and promoting the healthy and orderly development of the short video industry.This article is mainly divided into the following four parts:After analyzing the characteristics of short videos,the first chapter proposes that they can be included in the type of "audio-visual works" for protection,and classify various short video platforms on the Internet,list the common forms of short video copyright infringement,and clarify the research object and focus of this article.The second chapter,through the analysis of direct infringement and indirect infringement,clarifies the types of tort liability that the short video platform needs to bear under different circumstances,and proposes that the platform can apply the "safe haven rule" only when assuming indirect tort liability.In addition,it is clear that the platform’s use of the "recommended algorithm" does not constitute a "provision" act in the sense of copyright law,and there is no need to bear direct tort liability.The third chapter mainly discusses the types of attention obligations that short video platforms should bear,and determines that short video platforms should not only assume the active discovery obligation,but also passive prevention obligations.And by studying the application of rules such as the "Red Flag Standard" in the field of short videos,various factors affecting the platform’s attention obligations are sorted out.Through case analysis,the fourth chapter summarizes the problems faced in determining the tort liability of short video platforms in the current judicial practice on the basis of the research of the first three chapters,and puts forward various suggestions for regulating the copyright infringement of short video platforms.First of all,we can make up for the marginalization of the "notification-deletion" program by promoting the"pre-litigation ban on intellectual property rights".Secondly,when delimiting the boundary of the attention obligation of the short video platform,it is necessary to confirm that the platform does not assume the prior substantive review obligation for all content,but only needs to carry out prior substantive review of the short video content when assuming direct tort liability and "direct profit" from the infinging content.Finally,it is pointed out that a legal compensation quantification mechanism can be established to limit the discretion of the court to a certain extent.