The Query on the Pre-Monitoring Obligation of Short Video Platforms

--Taking China's First Copyright Infringement Case in the Context of Algorithm Recommendation as an Example

DOI

10.2991/978-94-6463-441-9_77How to use a DOI?

Keywords

Algorithm Recommendation; the pre-monitoring obligation; higher duty of care; short video platforms; the right of communication through information network

Abstract

Algorithm recommendation brings new dilemmas for the determination of infringement of the right of communication through information network and the issue of whether the pre-monitoring obligation of short video platforms should be regulated has attracted much attention. In iQiyi v. Zijietiaodong Inc., the Chinese court for the first time stated its position on the duty of care of algorithm recommendation operators - a “higher duty of care” should be assumed. A higher duty of care is not the same as an obligation of pre-monitoring. Starting from this case, the article compares horizontally and vertically the attitudes of major Internet countries and regions in the world on the issue of the pre-monitoring obligation, such as the United States, the European Union, and China, and then analyzes the reasons why it is inappropriate to set the pre-monitoring obligation of platforms. Finally, on the premise of not introducing the obligation of pre-monitoring, the article explores the path to increase copyright protection under the existing framework.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ziyi Liu
PY  - 2024
DA  - 2024/06/21
TI  - The Query on the Pre-Monitoring Obligation of Short Video Platforms
BT  - Proceedings of the 2023 International Conference on Economic Management，Financial Innovation and Public Service (EMFIPS 2023)
PB  - Atlantis Press
SP  - 913
EP  - 925
SN  - 2352-5428
UR  - https://doi.org/10.2991/978-94-6463-441-9_77
DO  - 10.2991/978-94-6463-441-9_77
ID  - Liu2024
ER  -