Research On The Application Of Safe Harbor Principle In Short Video Copyright Infringement

Short video caters to the new trend of short-term,fast-moving and entertaining social consumption,but there are a lot of copyright infringement problems when short video is rapidly spread through short video platform.In the judicial practice of short video copyright infringement,the short video platform often advocates the principle of "safe harbor",so the application of the principle of "safe harbor" is the key to solve the problem of short video copyright infringement.In short video copyright infringement,the principle of "safe harbor"can help to respond to academic disputes and balance the interests of all parties in short video industry.This civilization has confirmed three specific rules applicable to the principle of safe harbor:the "knowing-deleting in time" rule,the "notice-deleting" rule,and the "anti notice-recovering" rule.Through the analysis of a large number of classic cases,find out the judicial disputes in the application process of specific rules and put forward targeted improvement programs.According to the "knowing-deleting in time" rule,there are some problems,such as the short video recommendation behavior,the influence of short video works on the cognizance of knowing is not clear;the influence of the duration of infringing short video works and the difficulty of deleting on the cognizance of deleting in time is not clear.This paper puts forward some countermeasures to refine the judgment criteria and set a reasonable limit for the short video platform.According to the "notice delete" rule,there are some problems in the short video copyright infringement notice stage,such as the recognition standard of the qualified notice,the inconsistent legal effect of the defect notice,the deletion scope and the unclear responsibility of the error deletion.It also puts forward the reasonable determination of the detailed degree of notice,the introduction of abstract provisions,and the clear deletion of the judicial application.According to the "counter notice recovery" rule,there are some problems,such as the time of "immediate" recovery of short video works is not uniform,the improper recovery without infringement judgment,and the deprivation of the obligee’s counter notice defense right.The Countermeasures of reducing the response time of short video platform after receiving the counter notice and introducing the neutral review mechanism are put forward.