Research On Identification Of The Tort Liability Of UGC Short Video Platform

The convenience of the participation of the whole people and the self-control of the content make the short video develop explosively.Therefore,a series of problems arise,which expose the lag of the law in the identification of infringement.In practice,UGC short video platform’s infringement identification and responsibility bearing become a new challenge.Compared with the short video infringement of the general platform,there are many difficulties in identifying the infringement and liability of the network platform under the UGC mode.Under the UGC mode,the short video platform does not directly provide the content of short video,but only provides a certain network technology support and communication channels,so it is far fetched to identify the direct infringement.However,there is no clear provision for indirect infringement in China.In the short video infringement cases only providing network technology support,there are still uncertainties and fuzziness in identifying platform infringement and determining its liability scope.In the identification of tort,the author thinks that the platform obligation of "notice and counter notice" should be clarified,and the attention obligation of the platform should be increased;in the determination of liability and the order and exclusion of the application of the two,the principle of "red flag principle" should be taken as the principle,the principle of "safe harbor" should be taken as the exception,and the bearing of liability should be clarified,and the consideration factors of the application of "red flag principle" should be further clarified,increase its operability.In addition,we should make full use of the right protection mode of "law + technology" and improve the licensing mode of copyright.This paper is divided into four parts:The first part is a review of related concepts to further clarify the concept of UGC short video,UGC short video mode,UGC short video platform,and various subjects in UGC short video mode.The carding of these concepts provides a basis for further research on the infringement of UGC short video platform.The second part is to sort out the relevant laws and regulations,judicial interpretations and other regulations that regulate the infringement of the UGC short video platform in China at present.In view of the problems highlighted in the application of these normative provisions,the existing regulations in China for the UGC short video The status quo and existing problems in the identification of platform infringement and liability.The third part mainly analyzes the infringement liability of UGC short video platform in European and American countries outside the region,and summarizes the practices that can be used for reference.It mainly includes the technical protection of copyright by online platforms in foreign countries,the copyright protection of online platforms,and the judicial opinion on the identification of online platform infringement under UGC mode.The fourth part is suggestions to improve the legal regulation of infringement liability of UGC short video platform,Which mainly includes further clarifying and strengthening the attention obligations of each subject under the UGC model;incorporating the "law + technology" technology protection model to reduce the risk of infringement through technical requirements;improving the interpretation of the "safe harbor principle" and its exception "red flag principle" law application;Give play to the role of administrative and judicial institutions in the determination of infringement liability on short video platforms,and unify judicial decisions.