关键词:  , 短视频；版权侵权；注意义务；平台责任

Abstract: The construction of copyright protection and governance mechanism of short videos should face up to and response to realistic needs. The difficulties in copyright governance of short videos in China include the abuse of “safe harbor principle”, unclear boundary between “should know” obligation and active examination obligation and broad standard of direct profit identification. On the basis of the above-mentioned problems, it is necessary to deepen the theory of law of research on the legitimacy of duty of care of the platform. The platform should follow the standard of “good manager” and reasonably measure the cost of preventing infringement and the loss of tort when taking the responsibility of protection. Optimized path such as constructing the platform obligation system of infringement prevention and content filtering, distinguishing “should know” obligation from the active examination obligation and strictly limiting the scope of direct profit identification, can help regulate confirmation of responsibility of short video platforms and promote the orderly development of the short video industry.

Key words: short video, copyright infringement, duty of care, platform responsibility