Research On The Legal Issues Of The Identification Of Short Video Originality

In recent years,the burgeoning short video industry has greatly promoted the economic development.At the same time,due to the game of the economic interests of the major network platforms,the infringement phenomenon of "carrying" short video or spreading short video without permission by network platforms and users is common,which has caused a series of short video copyright disputes.Because the current copyright law of China has not made a clear definition of the object of copyright,which is important and fundamental for the definition and originality of electronic works;In addition,in the face of the new thing of short video,the judge lacks relevant professional knowledge and trial experience,so that the judicial determination of the originality of short video in the case judgment appears too disorderly and wanton,which affects the final judgment result.In view of this,it is necessary to study and discuss the legal issues related to the identification of short video originality.Based on the characteristics of short video itself,combined with the relevant provisions of the copyright law and the professional knowledge of short video industry,this paper puts forward suggestions from the legislative and judicial levels on the existing problems of the identification of short video originality,hoping to further strengthen the protection of short video copyright.This paper is divided into four chapters: the first chapter is "an overview of the identification of short video originality".On the basis of defining the concept of short video,this paper analyzes the legal basis of identifying the originality of short video from the essential elements and standards of the originality of works,and clarifies the necessity of identifying the originality of short video;The second chapter is about the legislation and judicial practice of the identification of short video originality.Through sorting out the relevant laws and regulations,sorting out typical judicial cases,the current situation of the identification of short video originality is described;The third chapter is about the problems of legislation and judicature in the recognition of short video originality.Combined with the analysis of the previous chapter,this paper further refines and explains some problems in legislation and judicature when recognizing the originality of short video;The fourth chapter "legislation and judicialperfection of the identification of short video originality".On the basis of the above analysis,this paper puts forward some suggestions on how to improve the identification of short video originality from two aspects: legislation,making clear the meaning of "audio-visual works","originality" and other core concepts;judicial,unifying the factors,standards,methods and basic principles that should be considered in the identification of short video originality.