短视频平台适用避风港原则的法律问题研究

Research on the Legal Issues of Applying the Safe Harbor Principle to Short Video Platforms

随着智能化时代到来,短视频应运而生,在丰富人们娱乐生活的同时,短视频博主随意搬运他人视频等侵犯版权的行为随之而至。针对权利人和短视频平台之间关于侵权责任的矛盾,为保护文化传播,促进社会进步,避免双方冲突,如何利用避风港原则调和两者的矛盾是目前亟需解决的问题。

With the advent of the intelligent era, short videos have emerged. While enriching people’s entertainment life, short video bloggers have also violated copyrights by randomly transferring other people’s videos. Regarding the conflict between rights holders and short video platforms regarding infringement liability, in order to protect cultural communication, promote social progress, and avoid conflicts between the two parties, how to use the safe harbor principle to reconcile the conflict between the two is an urgent issue that needs to be resolved.