Research On The Duty Of Care Of Short Video Platforms

The development of the Internet has promoted the development of short video,making it a diversified way of content dissemination,and short video platforms with short video as their operating products have emerged.Due to the lag and generality of legislation,China has not formulated corresponding regulations for short video platforms,and the research on the duty of care of short video platforms mainly refers to the relevant regulations of network service providers.However,such platforms hold the initiative of short video dissemination and their unique industrial operation mode,which determines that the duty of care undertaken by short video platforms should be changed compared with that of network service providers.From the perspective of duty of care,this article analyzes the problems in determining the duty of care of short video platforms from the levels of legislation and judicial practice,and proposes corresponding improvement measures.The text of this paper is divided into four parts.The first part mainly discusses the basic problems of the duty of care of short video platform.By combing the concept and classification of short video platform,the origin and meaning of duty of care,combined with the characteristics of short video platform itself,this paper leads to the characterization of duty of care for short video platform,that is,short video platform has the legal duty of care to protect the copyright of the right holder from infringement or prevent infringement.On this basis,this paper discusses the legal basis and related identification factors of the duty of care of short video platform,which lays the foundation for the later development.The second part mainly studies the duty of care of short video platforms from the legislative level by combing the relevant provisions of the duty of care of short video platforms.The third part sorts out the cases involving the duty of care of short video platforms,sums up the legal application of the duty of care of short video platforms in information network communication rights disputes with 47 judgments as samples,and analyzes the application methods and attitudes of the courts to the duty of care.On this basis,combined with the research in the second part,it analyzes the problems existing in the duty of care of short video platforms in China at this stage from the legislative and judicial practice levels.It mainly focuses on the problems that the subject of short video infringement involved in the case is difficult to be clear,the constitutive requirements of qualified notice are different,the standards for determining the duty of care are different,and the applicable boundary between the duty of care and the duty of review is unclear,and it is deeply analyzed by combining theory with practice.On the basis of the first three parts,the fourth part puts forward the measures to improve the duty of care of short video platform.Practical and perfect suggestions are put forward from the aspects of establishing the real-name system of short video platform in different traffic levels,unifying the applicable standards of qualified infringement notice,constructing the two-level duty model of duty of care and setting up the filtering duty of short video platform.