Study On Civil Liability Caused By Imitation Of Network Short Video

With the rapid development of the Internet and the rapid popularization of mobile clients,people’s entertainment life is more obtained through the network.The rapid development of network short video has become a new traffic stronghold in the new era.The marketing mechanism of flow is the highest,but also gave birth to a series of infringement events.Short videos,with their length of time,diversified and fragmented content,are deeply loved by the audience,which makes them have great empathy and satisfaction.The content of short video imperceptibly causes the imitation of many users,resulting in a variety of tort liability disputes.But at the same time,there is a certain lag in the legal provisions,and there are often more disputes on the composition of liability and responsibility,which is not conducive to the maintenance of civil rights and interests.This paper intends to summarize the existing problems from the subject of responsibility,responsibility composition combined with empirical analysis and put forward some own suggestions.It mainly includes the following four aspects:The first part is an overview of the harm caused by the imitation of network short video.It discusses the definition of network short video and the connotation of the harm caused by imitation of network short video,and distinguishes it from the harm caused by imitation of film and television works.The differences mainly include the difference of civil subjects,the difference of work review mechanism and the difference of the source of duty of care.Then summed up the characteristics of the damage caused by the imitation of network short video.The second part is the identification of the subject of responsibility.From the standard of identification,it can be divided into two theories: the determination of civil liability capacity,the cause of the damage result and the ability to enjoy the profit and control of the short video.Then the subject of responsibility is divided into direct subject and indirect subject.The third part is the analysis of the constituent elements of liability.It includes the judgment of infringement,the analysis of the creation behavior of the creator and the push behavior of the short video platform,and the analysis of the upload behavior when the uploader and the creator are separated.The discussion of causality demonstrates the equivalent causality between creation behavior and damage results,and the indirect causality between short video platform and damage results.Then the author,the short video platform and the minor guardian are analyzed whether the subjective fault exists and whether the cause of exemption is constituted.The fourth part is about the present situation and suggestions of civil liability for damage caused by imitation network short video.First,it analyzes the general provisions of tort liability,which are embodied in Articles 1164,1165 and 1166 of the Civil Code.Regulation and application of security guarantee obligation of short video platform.Through the analysis of empirical cases,this paper summarizes the existing problems of civil liability,such as unclear legal provisions on the legality of short video content,inadequate regulatory obligations on short video platforms,and lack of special legal provisions on minors.Then,I put forward my own suggestions to improve the problems summarized.First of all,more detailed rules and regulations should be made for the content of short videos,so as to reasonably limit the creators’ freedom of expression,and achieve the balance between safeguarding freedom and safeguarding rights and interests.Short video platforms should clarify their duty of care as "public places" and create a good space for cultural communication through a series of behaviors.In terms of recommendations,minors should also be given some special protection for special users.For minors users,short video platform for minors shall have the obligation to a higher standard,analyzes the security guarantee obligations,the general principle of fault liability imputation,combined with the security obligation of reasonable limit standard and the special status of minors,applicable to underage users in terms of responsibility of fault presumption of imputation principle,reflect on the focus on protection of minors.