| With the rapid growth of the mobile electronic equipment and the network,the network short video industry has gradually developed into a giant in the video content industry from the embryonic stage.Because of the network short video is easy to carry,plagiarize,copyright infringement is not easy to be found,plus the original rights protection time is long and high cost,the rapid growth of network short video is also faced with unprecedented risk of copyright infringement.In the copyright infringement disputes of network short video,network short video platforms,as network service providers,are confronted with greater external infringement challenges compared with long video platforms.Meanwhile,the common operation mode of network short video platforms is also easy to induce the risk of copyright infringement.Both the external infringement crisis and the business model of the network short video platform have put forward new requirements for the copyright infringement liability of the platform.Combining with the particularity of the platform copyright liability,this thesis explores the present situation and deficiency of legal provisions,and conducts research from the two perspectives of the current situation of legal provisions and the current situation of judicial application.Through combing and integrating the current laws and regulations,this thesis discusses the principles and specific liability status of copyright infringement liability applicable to the current network short video platform.In addition,44 judgments were taken as samples for analysis to explore theonus probandi,tort liability and the civil liability after infringement of the network short video platform in the copyright infringement lawsuit.Through the research,Through the research found that status quo of laws have problems such as the inconsistent standards for the recognition of copyright infringement liability of network short video platforms and the lack of regulation on the implicit infringement in the platforms.Through the analysis of relevant judicial status quo,it is concluded that the harbor rule lacks operability in the copyright infringement disputes of network short video,the obligation of care of the platform is not clear,and the civil liability after infringement is too light.In view of the above problems,combined with the particularity of the network short video platform to bear copyright infringement liability from the substantive law,procedural law put forward suggestions to improve.First,integrate scattered laws and regulations in legislation,unify the wording,and regulate the implicit infringement problem.Second,improve the rules of the application of the safe haven,the safe haven rules set as the preprocedural proceedings.Third,strengthen the duty of care of network short video platforms before,during and after the event,so as to improve the judicial applicability of platform copyright infringement liability.Fourthly,appropriately aggravate the civil liability for copyright infringement of network short video platforms,increase the liability for infringement of apologies,and increase the amount of compensation for copyright infringement of network short video platforms. |
