On Liability For Infringement Of Short Video Copyright

Short videos have strong interactivity and rich content carrying capacity that are not possible with long videos.They have low requirements on content orchestration expertise,shooting skills,and equipment.The low creative threshold allows ordinary users to produce,thanks to the short duration.It is more convenient for users to consume,disseminate and share in fragmented time,and has stronger dissemination.These characteristics make short video the most popular entertainment and information dissemination method in the current network environment.The short video industry is in a period of rapid development,with users and markets reaching unprecedented scale,bringing huge economic benefits.The short video industry has high commercial value and huge development potential,but has been in a state of brutal growth in recent years.Poor supervision and unclear laws and regulations have led to the abnormal development of the short video industry.There are many problems,the most serious of which is Piracy infringement.The core of the short video is the content.The content of the short video is the intellectual result of the creator,and its wanton copying,editing,and dissemination are serious violations of the creator's rights.The current short video copyright infringement legal disputes have sprung up,but the current law's unclear rules on short video infringement liability issues make it difficult to properly resolve these disputes.In the long run,it will seriously combat the short video authors 'creative enthusiasm and result in high-quality short video production.The decline,the shrinking of the related industry market,and the severe consequences of the disruption of the industrial value chain have limited the development of the short video industry.In this context,a comprehensive and in-depth analysis of the short video copyright infringement liability is needed to explore how the short video copyright infringement liability is compatible with China's current legal system in order to provide more robust protection of short video copyright.Defining the principle of imputation is the first step in analyzing liability for torts.The article discusses the direct and indirect infringement of short video copyright separately.Starting from the general principle of attribution of copyright infringement,based on the principle of attribution of online copyright infringement,and combining the views of several scholars,the direct conclusion of short video copyright The principle of liability for fault shall apply to both torts and indirect torts,and the conclusion of the principle of presumption of fault shall be further applied to indirect torts.Under the premise that the attribution principle is clear,the liability composition of short video copyright infringement should be analyzed,which should include the four elements of infringement,damage to facts,causality and fault.The main bodies of short video copyright infringement include short video authors,short video users,and short video platforms.Different parties may have different infringement behaviors.The article describes the specific infringement behaviors of different subjects.The consequences of damage and causality are short.In the field of video copyright infringement,the fault is analyzed from the perspective of cognitive state and duty of attention.How to bear the liability for short video copyright infringement is also one of the issues that need to be resolved in practice.The article also takes the subject of infringement as the research approach,and analyzes the responsibility forms and methods of different subjects through the combination of theory and practice.Subjects of copyright infringement of short videos shall bear their own responsibility based on their own faults,and direct and indirect infringers shall jointly bear joint and several liabilities.In terms of liability methods,because the types of torts that different entities may perform are different,the specific performance of their liability is also different,which should be combined with actual specific analysis.Of course,even if all the constituent elements of the infringement liability have been met,the infringer of the short video copyright does not necessarily need to bear responsibility,and it needs to consider whether it establishes an exemption.Short video copyright infringement applies not only to the general exemptions provided by the Tort Liability Law,but also to the two special exemptions provided by the Legal License and Fair Use under the Copyright Law.These two exemptions are often applied in judicial practice,but relatively speaking More complicated and difficult to determine accurately.The article analyzes and studies the applicable prerequisites,applicable requirements,and judgment standards of fair use and legal license,and integrates them into a new field of copyright infringement of short videos.