The Impact Of Short Video User Agreement On The Determination Of Liability For Copyright Infringement Of Internet Service Providers

In recent years,with the swift evolution of the Internet aera,Internet applications have shown a blowout in both quantity and category.Various types of short video mobile applications have also rapidly emerged,occupying the majority of Internet applications.The development and progress of the emerging technology industry not only enriches the legal theory system,but also triggers new confusion and thinking.Before users use the short video platform to publish content,they often have to sign a"user agreement" drawn up by the network service provider in advance to obtain the right to use the platform.This article analyzes the user agreement in the short video field,and then analyzes the impact of the user agreement on the determination of the copyright infringement liability of the network service provider,in order to respond to the reality of such infringement dispute resolution should be and is.This article’s body part contains three parts.Chapter One "Legal Positioning of User Agreement of Short Video Platform and Analysis of Causes" mainly introduces the external form and internal attributes of the short video user agreement,the current status of the use of the short video platform user agreement and the problems caused by it.Through the internal and external analysis of the short video user agreement,it is concluded that from the external form,the short video user agreement is a kind of "electronic format contract",and from the internal attributes,it has a certain transfer of rights and obligations.Combining the current status and problems of user agreements on short video platforms,the author further considers the disputes between the stakeholders of short video parties under the user agreement,and then determines whether the user agreement in the short video field will transfer the responsibility between users and network service providers.Chapter Two "The Validity of User Agreement and Acceptability of Infringement Liability" focuses on the analysis of the application of law of the user agreement on short video copyright infringement determination.On the one hand,the author analyzes the types of copyright infringements of short videos and their responsibilities through empirical analysis based on relevant cases;On the other hand,the author analyzes the nature of the exemption clauses under the user agreement,and then analyzes whether the network service provider can achieve the effect of actual exemption through the user agreement.In Chapter 3 "Balance Path and Dispute Resolution of Short Video Copyright Protection Interests under User Agreement",in view of the current status of short video copyright protection under the user agreement,the author looks for areas that need to be improved from the legislative and judicial levels.Supplemented by relevant typical foreign legislation and judicial experience,the author proposes some countermeasures and suggestions for short video copyright infringement under the user agreement in our country,in order to find more ways to solve such problems.