Abstract:
Purpose/Significance In recent years, the problem of short video infringement has become increasingly prominent. The determination of the scope of obligations of short video platforms is both a focus of debate in the theoretical and practical circles, and also a key focus for the governance of short video infringement problems. Design/Methodology This paper summarizes the focus of debate between theoretical and practical circles on the scope of obligations of short-video platforms, and redefines the scope of obligations of short-video platforms on this basis. Conclusions/Findings With regard to the obligation of active censorship, the platform should be required to use copyright filtering technology to actively screen the short videos uploaded by users, but the manner and conditions of performance of the obligation should be adjusted to alleviate the limitations and costs of the technology. In relation to the obligation to review notifications, platforms should be required to substantially review the content of notifications, with a focus on the fair use of second-created short videos. With regard to the obligation to safeguard after the fact, the platform should be required to take necessary measures to prevent repeated infringement and define the scope of necessary measures according to specific circumstances.