短视频平台作品过滤义务研究

A Study on the Obligation to Filter Works on Short Video Platforms

短视频平台作为内容分享和传播的重要渠道,伴随着激增的用户上传的视频作品,存在大量版权侵权问题。随着传输技术的革新发展、使用用户的逐利内驱,短视频平台混剪、搬运侵权作品成为重灾区,短视频平台本身作为受益者,借助通知–删除规则逍遥法外,版权人维权困难,短视频平台作为信息中介者,应当承担一定的版权监管责任。参考欧盟《单一数字市场版权指令》立法、现有短视频平台现状、国际上成熟过滤技术的发展,短视频平台有义务也有能力采取措施来事先过滤和防止侵权内容的传播,维护良好的内容生态和创作环境。

Short video platforms, as an important channel for content sharing and dissemination, have a large number of copyright infringement problems along with the proliferation of video works uploaded by users. With the innovation and development of transmission technology and the profit-seeking internal drive of users, short video platforms have become the hardest hit by mixing, cutting and carrying infringing works. Short video platforms themselves, as the beneficiaries, get away with it with the help of the notice-and-delete rule, and it is difficult for copyright owners to defend their rights, and short video platforms, as the intermediaries of information, should bear certain responsibility for copyright supervision. With reference to the legislation of the EU’s Single Digital Market Copyright Directive, the status quo of existing short video platforms, and the development of mature filtering technology in the international arena, short video platforms have the obligation and ability to take measures to filter and prevent the dissemination of infringing content in advance, and to safeguard a good content ecology and creative environment.