Research On The Identification Of Indirect Infringement Liability Of Short Video Platform Copyright

With the development of Internet technology and the continuous rise of short video popularity,the era of national creation has come.The emergence of this new creation phenomenon has made the short video platform focusing on publishing,managing and operating short video works develop rapidly and become the mainstream cultural exchange platform and economic exchange platform.At the same time,short video platform network copyright infringement problems occur frequently,the types of network copyright infringement are gradually diversified,and the application of direct copyright infringement liability is in a dilemma.Indirect copyright infringement liability has become a breakthrough to solve the problem of short video platform network copyright infringement.It is not only conducive to improving the network copyright infringement theory,but also helps to accurately divide the short video platform copyright infringement liability,and can also promote the healthy and orderly development of the short video platform industry.The provisions concerning indirect copyright infringement in China’s current laws are scattered.In judicial practice,the court has certain difficulties in identifying indirect copyright infringement liability for short video platforms,which are mainly reflected in the ambiguity of the subjective fault identification standard for indirect copyright infringement,the uncertainty and abuse of the applicable elements of the "notification-deletion " rule,the difficulty in fixing evidence,and the dispute over tort liability.In this regard,we can learn from the experience of the United States and the European Union in solving problems related to indirect copyright infringement liability,such as the construction of the legal system of indirect copyright infringement liability,the clarification of the elements and processes of the "notification-deletion" rule,and the improvement of the duty of care.At the same time,in combination with China’s judicial practice experience in blockchain forensics and damage compensation,the following suggestions for improving the recognition of indirect copyright infringement liability of short video platform are proposed: First,starting from the system construction,define the concept and constituent elements of indirect copyright infringement liability in China,and distinguish it from joint tort liability.Second,focus on the refinement and improvement of existing rules to increase the operability of rules.Such as unifying the format of "notice",refining the "notification-deletion" process,increasing the margin system,improving the applicable elements of the "notification-deletion" rule and stopping the abuse of the "notification-deletion" rule,building a blockchain judicial evidence gathering alliance and "converting" the specific way of bearing indirect tort liability,and refining the legal compensation rules.Third,comply with the development of the times,introduce filtering technology to review short videos uploaded to the short video platform,improve the duty of care of the short video platform,and prevent short video network copyright infringement from the source.