Research On The Copyright Filtering Obligations Of Short Video Platform

Under the current safe harbor rules,the information sharing platforms often face huge amounts of notifications,repeated cycles of notice and deletion,and low copyright governance efficiency.For the current popular short video platforms,copyright governance is even more difficult.For example,there are more short videos,and when short video platforms receive infringement notices,it is more difficult than other platforms to judge copyright legality of the videos involved.In 2019,Article 17 of the DSM Directive passed by the European Parliament,essentially provides for copyright filtering obligations.In the context of the aforementioned governance dilemma and the EU’s breakthrough development in copyright liability,it is urgent to look at the practical and theoretical aspects,that is,the actual development of copyright filtering technology,the legal nature of algorithm recommendation technology,the theory of tort liability,and the balance of interests.,to discuss the rationality of setting copyright filtering obligations.In reality,fair use rules are ambiguous and difficult to quantify,and the world’s top copyright filtering technology providers also admit that current technology is still unable to effectively identify fair use situations.Therefore,if we rashly set copyright filtering obligations on the information sharing platform now,it will lead to excessive deletion of relevant content on the platform,infringing on the fair use rights and interests of the public,and failing to achieve the goal of balancing the interests of the Copyright Law.In terms of theory,although the danger control theory inherently requires that the information sharing platform should undertake higher risk control obligations when the copyright risk in the platform becomes higher,there are various ways to improve the obligation and achieve risk controlling goal.According to the causal force theory,the technology provided by the network platform is not the substantive factor,the main reason,or the direct reason for the damage to the rights and interests of the copyright owner.In other words,the factual causal relationship between platform technology and users uploading copyright-infringing content and infringing the rights and interests of copyright owners is weak,and the legal causality is relatively weak,which is still not enough to require online platforms to undertake copyright filtering obligations.In order to solve the copyright governance dilemma of short video platforms,it is recommended that our country improve the existing theoretical system of platform duty of care,such as distinguishing duty of care according to the type of work,increasing the duty of care for works that have been repeatedly infringed,and increasing the duty of care for repeat infringers.In addition,it is suggested that the court interpret the existing copyright filtering technology as reasonable measures and necessary measures for the information sharing platform at the appropriate time.