Research On Copyright Of Short Video

The rise of short video has facilitated and enriched the public life,promoted the prosperity of economic market,but also brought a lot of problems."Trill 5.12 v.partnership with small video,I miss you","more quickly v.China PPAP,who the IQ didn't","i QIYI v.headlines today" in such a short video frequent infringement cases,the original standard fuzzy,the rational use of the applicable scope is very narrow,substantive similar decided that is not clear,short video network platform slack to perform reasonable duty of care,straighten out the short video market,strengthen the legal protection is imminent.First,the recognition of the originality of short videos.It should be judged by combining whether the author is independent and whether the short video content is creative.Short videos should be created at a lower level,that is,they should plan the shooting content in the production,make some choices in the framing,and make some choices in dubbing and soundtrack,so as to form an organic whole.Originality can be recognized when the producer expresses his inner world and emotional attitude.Meanwhile,the length of short videos does not interfere with the recognition of originality,and the spiritual experience brought to the audience by the short-sighted frequency can be one of the laissez-faire factors in the recognition of originality of short videos.It is wrong to protect short videos as film works and video products,and they should be properly classified into audio-visual works.Second,the determination of fair use of short video.The current system of fair use in China is a completely closed exhaustive enumeration,which leads to its extremely narrow scope of application.In order to broaden the applicable scope of fair use,"other circumstances" were added as the backstop clause of fair use in legislation.In terms of the identification method of fair use,the method of interpretation of the second paragraph of fair use is to quote appropriately the published works of others in order to introduce and comment on a work or to illustrate a problem.Third,the identification of substantial similarity.In judicial practice,there are various identification methods of substantial similarity,including abstract test method,three-step identification method,overall concept feeling method,analysis method from "quality" and "quantity".By using the standard of general readers and combining the factors of the attributes and originality of works,it is clear that the identification of substantial similarity in the field of short video infringement should be based on the three-step identification method and the overall concept perception method.Moreover,different identification methods should be adopted according to different types of works.Fourth,the identification of platform responsibility of short video network users.Since the network platform has made a lot of economic benefits among short video producers,it should fulfill a higher duty of reasonable care.The establishment of pre-copyright filtering mechanism should be the professional standard of every network platform.The rules of safe haven are very different from the duty of reasonable care and should not be confused with each other.The application of the rules of safe haven should be based on whether the network platform knows the infringement behavior,whether the network platform changes the short video content,whether the network platform directly obtains economic benefits to refine the standard.