Research On The Judge Of Video Clip Copyright Tort Liability

In 2019,the number of video clip users in China has reached 820 million,and video clip has become one of the popular creation and entertainment forms.With continuous increase of industry scale,more and more frequent video clip copyright tort occurs.Due to the time of video clip is relatively short,theme of creation is comprehensive and many features that are differentiated from conventional long video such as interactivity etc,the past copyright theory cannot adapt to video clip when it is applied.In order to promote prosperous development of video clip industry and protect interests of copyright owner,it is necessary to investigate the copyright tort aroused during the development of video clip.Four parts were involved in this article.First part is the definition of video clip and application of interest balance principle,in which mainly definition and features of video clip were introduced and definition of interest balance principle,current problems and each party of interest in process of video clip industry were analyzed.Standpoints of grasping developing characteristics of video clip and adhering to interest balance principle were presented when the issues of video clip copyright are studied.Second part is to investigate the copyright-ability of video clip,in which work property view of video clip was analyzed focusing on domestic scholars and practice judgments,and pointed out that video clip can be protected as audiovisual work and should have minimum originality,and the originality should not be too high.Third part is the legal restriction of copyright tort of video clip,and legal restriction mainly includes rational utilization and compulsory license.In thispart,mainly the challenges brought by the development of video clip to the rational utilization system,presenting the judgment standard of the rational utilization of video clip in combination with the system value of rational utilization and the characteristics and needs of video clip were analyzed.At the same time,the feasibility of applying the legal license system in video clip to expand the scope of application of the system was briefly analyzed.Forth part is the judgments video clip tort,in which principle of assumed liability and elements of copyright tort liability were analyzed,and the infringement of personal rights,property rights and neighboring rights of short video copyright were described in detail.At the same time,the conditions of applying "Safe harbor rules" to short video platform were studied in the paper.