Study On The Application Of Law In The Determination Of Copyright Infringement Liability Of Short Video Platforms

After many years of development,short videos with fast and short duration have been integrated into our daily life,responding to the trend of people’s fragmentation and fast food cultural information consumption.With the rapid development of the short video operation industry,short video platforms continue to grow,and many legal issues have emerged,especially copyright infringement issues are increasingly prominent.The short video platform video works handling,plagiarism,second creation and other infringement behavior is repeatedly prohibited.Maintain a good order of network copyright is the rightful meaning of China’s characteristic copyright system.The National Copyright Administration emphasizes the need to improve the rule of law in copyright work,increase protection efforts,expand the scope of protection,highlight the focus of protection,strengthen the effectiveness of protection,and continuously improve the level of copyright protection,so as to construct an orderly copyright order.Exploring the rules for determining the liability of copyright infringement on short-form video platforms can,on the one hand,help enrich and develop network copyright theory,and on the other hand,enlighten the thinking of network copyright governance practice,help promote short-form video platforms to strengthen copyright protection through technical means,safeguard the interests of copyright owners,and promote the further take-off of China’s copyright indigenization.The aspects of copyright infringement liability,the newly developed "notice-deletion" rule,and the legal application of the "red flag standard" are the two main topics we examine in this thesis while studying the copyright infringement liability of short video platforms.On the one hand,there are clear limits in China’s current copyright law that make it difficult to determine who is legally responsible for copyright infringement on short video platforms,which raises questions about their legitimacy.For example,the principle of attribution of copyright infringement on short video platforms needs to be further clarified in the legislation,the boundary between direct and indirect infringement on platforms needs to be clarified,the content of subjective attention when applying the "notice-deletion" rule and the "red flag standard".The duty of care of "shall know" requires further refinement.In addition,in addition to methodically taking into account the principle of imputation and the elements of copyright infringement,the determination of short video platform liability for copyright infringement should concentrate on the determination of indirect infringement fault.However referring to the pertinent provisions of the United States Digital Millennium Copyright Act,the "notice-removal" rule,the legal application of the "red flag standard" and the localization of the transformation,there are many new situations that were not foreseen at the beginning,re-examine It is necessary to re-examine the legal application of the "notice-deletion" rule and the "red flag standard" and the rules.It is crucial to clarify the specifics of the "notification-deletion" rule in order to improve the system’s ability to determine whether a short video platform is infringing on third parties’ intellectual property,including clarifying the specific requirements of the "notification",refining the platform can implement the "necessary measures " The "red flag standard" boundary should be clarified,including the "shall know" standard,and the platform’s duty of care should be improved.