| With the development of digital technology and the Internet,various short video platforms are rising in the domestic and foreign market rapidly.Due to the easy to copy feature of short videos,it leads to infringements frequently in the short video platforms.In judicial practice,the court shall judge whether the platform is fault or has tort liability.The short video platform is crucial in handling the copyright infringements and in other words the duty of care is the key factor.Due to the limitation of relevant law and the deviation in nature identification of short video platform,it leads to a series of questions like force of insufficient notice,difference of direct profitability identification,no unified standard of duty of care between the famous video and the ordinary,controversy over the platform’s selective recommendation and no unified criterion of “requisite measure”.This paper discusses what kind of duty of care a short video platform shall undertake under the condition of “already known”,“should know” and “requisite measure”.The author offers three proposals for improving the duty of care.First,specify the relevant provisions of the notice and establish a dynamic standard of insufficient notice enforcement recognition.Second,improve the short video platform’s criteria of duty of care under the condition of “should know” and clarify the specific connotation of duty of care,and explore the possibility of the platform undertaking certain censorship obligations.Third,improve the relevant regulations on “requisite measure” by defining the time horizon,introducing video producing license,introducing filtering technology on the platform,and improving the platform’s post-event supervision methods. |
