Research On The Short Video’s Copyright Infringement

With the development of Internet technology and the popularity of mobile intelligent terminals,the way of information transmission has changed greatly,People are more and more used to the fragmented and fast-food lifestyle,The short videos discussed in this article appear in this context.Features of short video,such as.brief,Penetrating and attractive,are more in line with the taste of the current audience than those long video.Because short video production is simple,and many platforms provide a variety of clips,filters for users to edit video,more and more people star to create short videos and post them on social media platforms,which also causes a lot of infringement problems.As for the judgment of the fair use of short videoThis paper first introduces the characteristics of short video and makes a clear definition of short video.Secondly,from the perspective of substantial similarity and fair use,this paper analyzes the specific situation that short video infringing others’ copyright.To identify the substantial similarity between different short videos,this paper analyzes originality,the principle of benefit balance and dichotomy of Idea and Expression.Also,this paper thinks the problems of the originality of the similar parts of the first work and the second work should be first solved through introducing the case of tiktok.v.partnreship video,then the principle of benefit balance and dichotomy of Idea and Expression should be used to judge the originality of short video,It should neither be too strict to harm the interests of the public nor too lenient to harm the interests of copyright owners,We need to seek an interest balance among the main body,and rule out the "work" belongs to the categories.This paper analyzes the judgment of the fair use of short video in the case of gu a mo,The author thinks that three factors should be considered in the judgment of fair use,the first is whether it is a specific circumstance stipulated by law,the second is whether it affects the normal use of the work by the copyright owner,the third is whether the rights of copyright owners have been harmed.This article also introduces Licensing system,author thinks it should apply Implied permission system on the use of short video,Unless the copyright owner expressly refuses to allow others to use his work,it may be presumed that the copyright owner has given permission to others to use his published work.Finally,this paper puts forward some Suggestions on regulating the infringement of short video.In addition to improving the duty of care of the main boy,we should also make full use of technical means to strengthen the management of infringement of short video from all aspects.This paper comes to the conclusion that the method should be used to judge the infringement of short video on the basis of various theories at home and abroad and also uses the Comparative analysis and interest-balancing method.This paper comes to the the criterion of short video infringement in China by measuring the interests of short video producers,communicators and video platforms and interests between copyright owners and the public.This paper also makes some suggestions to put forward to reconstruct the copyright licensing model,which can promote the development of short video industry and the prosperity and development of China’s cultural undertakings.