Research On Copyright Content Filtering Obligation Of Short Video Platform

The Internet has increasingly become a link between individuals.With the popularization of the Internet and the development and progress of Internet technology,the Internet has gradually moved from its initial combination to interaction,allowing netizens to participate more in the creation,dissemination,and sharing of information products.It is also the increasing interaction and dissemination that has made the Internet a hotbed of copyright infringement,especially in the short video field,which has now become a serious area of copyright infringement.At present,the principle of safe haven has shown its inadaptability.The balance of interests among multiple entities such as short video platforms,users,and copyright owners has been broken,and the balance has shifted significantly towards short video platforms.The challenges facing China’s copyright system continue to intensify.The emergence of filtering technology has made it possible to fill in the inadaptability of the haven principle and restore the multi agent balance in the short video field.Article 1195 of the Civil Code stipulates that network service providers should take necessary measures after receiving relevant notices,and Article 1197 stipulates that network service providers should take necessary measures when they know or should know that network users are using their network services to infringe upon the civil rights and interests of others.The openness of legislative provisions also makes the emergence of filtering obligations legally enforceable.Professor Wang Qian believes that the emergence of the safe haven principle has a gene for failure.Xie Guangqi believes that excluding the censorship obligation of the platform is overcorrective,unacceptable to copyright owners,and not in line with international trends and display needs.Professor Cui Guobin believes that the existing filtering technology is very mature and has more advantages and efficiency compared to manual deletion.It can be seen that the emergence of filtering obligations is a timely rain,regardless of international trends,academic perspectives,or practical needs.Based on Articles 1195 and 1197 of the Civil Code,this article will establish pre notification and post notification filtering obligations in accordance with the law,intending to provide a new relief path for the current short video infringement dilemma.It is a reasonable attempt to assign copyright content filtering obligations to short video platforms.Even if it cannot be fully implemented through legislation at present,the implementation of the relevant filtering obligation system must be our unremitting goal.