Research On Indirect Copyright Infringement Liability Of Short Video Platform

The short video industry is improving by leaps and bounds,the lack of copyright protection makes the copyright infringement in the field of short video chaotic,which leads to disputes over indirect copyright infringement on Short Video Platform.Due to the relative lag of relevant legislation in my country,there are many problems in judicial practice in the process of determining the indirect copyright infringement liability of Short Video Platform.By defining the infringement and liability of indirect copyright on Short Video Platform and sorting out 50 case samples,this paper examines the current issues surrounding the identification of indirect copyright infringement liability on Short Video Platform and proposes specific solutions for improvement.This article initially aims to define the indirect copyright infringement liability of Short Video Platform based on the legal positioning of network service providers.It clarifies that the indirect copyright infringement liability of Short Video Platform not only includes the liability caused by indirectly aiding and abetting users who commit acts of infringement which the platform knew or should have known,but also the liability arising from inducing users to publish infringing short videos.Additionally,considering the unique features of short video platforms in content production,distribution,and revenue generation compared to traditional long video platforms,this article emphasizes the necessity of conducting a specialized analysis of the platforms’ indirect copyright infringement liability.On the basis of studying and analyzing 50 relevant case samples,this paper summarizes the following outstanding problems in the process of judicial practice in determining the indirect infringement liability of Short Video Platform copyright.First,the single rigid application of the principle of fault imputation leads to the difficulty of copyright owners in the road of proof,and it is difficult to effectively investigate the rampant short video infringement;Second,the lack of clear legal positioning of the duty of care is facing the problem of vague applicable standards in the context of the development of copyright governance tools and algorithm technology,which leads to the judicial practice of Short Video Platform.Third,the copyright owner ignores the situation that "secondary creation" short video constitutes fair use when sending the notice,which leads to the abuse of the notice deletion rule,which improperly expands the attention boundary of Short Video Platform and affects the rationality of the platform’s indirect copyright liability determination result.Fourth,the judicial consideration factors and different understandings of damages judgment lead to insufficient damages determination.Through a detailed analysis of the above problems,this paper provides the following countermeasures for improving the determination of indirect infringement liability of Short Video Platform.First of all,considering that subjective fault is indispensable in the underlying logic of imputability of indirect copyright infringement,the principle of fault imputation should be adhered to in general,and the presumption of fault should be applied in the two cases where the copyright owner’s ability to provide evidence is weak and the Short Video Platform obviously has the advantage of proof,and the burden of proof should be reversed.Secondly,in order to solve the embarrassing situation of the duty of care in the fault judgment,the "should know" fault judgment can be carried out from the two angles of "have reason to know" and "have the obligation to know",so that the duty of care can be included in the "should know" judgment framework.At the same time,based on the position of technology neutrality,it is not appropriate to single out the information flow recommendation technology as a consideration factor for improving the duty of care,but should focus on the fault behavior factors of specific links.Furthermore,in view of the regulation of the abuse of the notice deletion rule,it is advocated to improve the post-event supervision function of the rule by clarifying the remedial obligation of the Short Video Platform,and combine the characteristics of the "secondary creation" short video with the possibility of reasonable use,add a precautionary perspective,and include the reasonable use review into the requirements of the qualified notice.In order to ensure the effective implementation of fair use review,the platform should appropriately return to the role of gatekeeper to perform certain fair use review obligations.Finally,as far as legal compensation is concerned,the work itself,the infringing Short Video Platform and the copyright owner should be comprehensively considered for full reasoning.In the order of application,it is clear that the factors of the work itself and the factors of the infringing party at the objective level together constitute the basic considerations of the first class,and the faults of the infringing party and the copyright party at the subjective level should be considered as aggravating and mitigating factors of the second class.In order to ensure the legitimacy of judicial discretion,this paper suggests that the judge should fully listen to the opinions of the parties in the trial and communicate with them effectively to ensure that the parties have a clear understanding of the judge’s evidence process,so as to enhance the persuasiveness and sense of identity of the judgment.