Abstract:
The algorithm recommendation not only innovates the way short video works are disseminated, but also affects the logical basis of the adaptation of the rights and responsibilities of the participating parties. Among them, the discussion on what copyright governance obligations to impose on the platform is still contentious. The response to this generally follows two argumentative approaches: one is to interpret and improve the interpretive approach of “should know, know” and “necessary measures” along existing rules or legal frameworks. Another approach is to clarify the legislative approach of disorderly copyright governance in the digital age and the imbalance of “value differences” among various entities. It is necessary to ask from a different perspective, that is, the popularity of work copyright does not lie in the automatic dissemination or objective circulation by users themselves, but in the platform breaking the objective process of “communication source—communication channel—communication audience” by controlling and carefully managing resources, making content reach specific audiences, forming a “mimetic environment”. In view of this, the explanatory approach of the post governance model is difficult to adjust the system of power and responsibility allocation, while the interactive perspective of communication studies and law can provide new insights for the legislative approach of the pre-governance model. By tracing the cognitive evolution of the ‘platform’. Deconstructing the negative externalities of the platform’s “mimetic environment” and the persistent inequality between the platform and users using the digital gatekeeper theory and the tilted protection theory, respectively. Optimize the operability of legal governance rules from the perspective of the dissemination process. Finally, advocating for a copyright pre governance model is not a one-time solution, and a progressive attitude should be taken towards it.