Liability regulation on short video platforms: balancing freedom of expression and copyright protection

Yun Zhao; Yijin Guo

doi:10.1515/ijld-2024-2014

Article

Liability regulation on short video platforms: balancing freedom of expression and copyright protection

Yun Zhao
Professor Yun Zhao is Henry Cheng Professor in International Law and Associate Dean (Mainland Affairs), Faculty of Law at The University of Hong Kong (HKU). He is currently Representative of Regional Office for Asia and the Pacific (ROAP) of the Hague Conference on Private International Law (HCCH); Standing Council Member of Chinese Society of International Law and Council Member of Chinese Law Society. He is listed as an arbitrator in several international arbitration commissions. He has published widely on various topics including particularly Space Law and Dispute Resolution.
and Yijin Guo
Yijin Guo is a research fellow in Business Law at Paris Nanterre University, specializing in European Business Law. Her research interests include business law, intellectual property law, European Union law, and digital law.

Published/Copyright: November 5, 2024

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From the journal International Journal of Legal Discourse Volume 9 Issue 2

Abstract

The rise of short video platforms has fundamentally altered the balance between freedom of expression and copyright protection, challenging traditional legal frameworks like the Safe Harbor Principle. This paper critically examines the evolving legal landscape, with particular focus on the implications of Article 17 of the EU’s Copyright Directive in the Digital Single Market (DSM Directive), especially for small platforms, creators, and users. Through comparative analysis of international legal frameworks and case studies, the study delves into the challenges faced by stakeholders in navigating platform liability, algorithmic content moderation, and user rights. The research highlights how the existing legal environment, while aiming to protect copyright holders, often disproportionately favors large platforms, undermining the expressive freedoms and fair use rights of smaller creators and users. Furthermore, the paper addresses the role of remix culture on short video platforms, discussing how transformative works and user-generated content foster cultural diversity and innovation. It advocates for reforms that balance copyright enforcement with freedom of expression, promoting cooperative licensing models, nuanced content moderation, and expanded fair use exemptions to support a more equitable digital ecosystem where creativity, access, and protection coexist effectively.

Keywords: short video platforms; freedom of expression; copyright protection; safe harbor principle; remix culture; fair use

Corresponding author: Yijin Guo, UFR Droit et Science Politique, Université Paris-Nanterre, Paris, France, E-mail: 44001502@parisnanterre.fr

About the authors

Yun Zhao

Professor Yun Zhao is Henry Cheng Professor in International Law and Associate Dean (Mainland Affairs), Faculty of Law at The University of Hong Kong (HKU). He is currently Representative of Regional Office for Asia and the Pacific (ROAP) of the Hague Conference on Private International Law (HCCH); Standing Council Member of Chinese Society of International Law and Council Member of Chinese Law Society. He is listed as an arbitrator in several international arbitration commissions. He has published widely on various topics including particularly Space Law and Dispute Resolution.

Yijin Guo

Yijin Guo is a research fellow in Business Law at Paris Nanterre University, specializing in European Business Law. Her research interests include business law, intellectual property law, European Union law, and digital law.

Research funding: This work was supported by the project of National Social Science Foundation (Grant No. 24BYY151).

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Received: 2024-03-15

Accepted: 2024-09-30

Published Online: 2024-11-05

Published in Print: 2024-12-17

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Articles in the same Issue

https://doi.org/10.1515/ijld-2024-2014

Keywords for this article

short video platforms; freedom of expression; copyright protection; safe harbor principle; remix culture; fair use