On the Identification of Platform Liability in Short Video Copyright Infringement
The conflict between the long video copyright holder and the short video platform is the first problem that needs to be solved in the growing battle between long and short video,and the identification of the responsibility of the platform in short video copyright infringement needs to be clarified.The exclusion of fair use terms is the premise of the platform's re-sponsibility,and the appropriateness of the reference is tested by the non-substantive reference and proportionality principles.Safe harbor rule is the criterion for judging whether the platform is responsible,and the red flag principle is an exception to the application of the safe harbor rule.The platform's substantive review obligation for user-uploaded content depends on the plat-form's actual or possible access to the content's copyright,but the platform's obligation to review content compliance doesn't necessarily trigger its obligation to review the legality of content copyright.The type of network service provided is the basis for the platform's responsibility.The closer the platform identity is to the internet intermediary service provider,the more likely it is to be exempted by the safe harbor rule;on the contrary,the closer the platform identity is to the content service provider,the more difficult it is to be exempted by the safe harbor rule.
short videonetwork service providerssubstantive review obligationssafe harbor ruleplatform liability