Study on the Judicial Application of the Short Video Platform Safe Harbour Rule

Abstract

The development of short videos has been overwhelming, bringing huge economic benefits to platforms. However, as the market sinks, the quality of short video content is more and more difficult to guarantee, and the phenomenon of copyright infringement such as video porting among users is becoming more and more serious. The safe harbour rule is the core system for determining online infringement, in addition to being a balance between the interests of right holders, platforms and users. However, in practice, right holders believe that the duty of care of platforms should be increased, so that they cannot enjoy the traffic dividend brought by short videos while using the "notice-and-takedown" procedure to easily enter the "safe harbour". On the other hand, short video platforms often refuse to assume the responsibility triggered by the uploading of infringing short videos by users on the grounds that they do not have the obligation to review the legality of the copyright. In view of the conflict of interests between the two parties, how to apply the principle of "safe harbour" to better reconcile the demands of the two parties has become a problem that needs to be solved urgently.