Research On Copyright Of Short Video

Short video is a new type of network media and one of the most popular forms of communication.Due to the widespread popularity of the Internet,as well as a large number of capital injection,short video ushered in a leap forward development,users,the market has reached an unprecedented scale.However,with the rapid development of short video,the industry is facing the crisis of copyright protection,and various copyright issues have gradually become prominent.How to judge the originality of short video works,how to divide the reasonable use boundaries,how to identify the platform responsibility,and how to undertake and so on need to be clarified and solved.First of all,there are standards of authorship system and copyright system in the world on the judgment of originality of works,but there is no unified view on which standards should be adopted in China.The copyright law of the People’s Republic of China,which was revised and passed in November 2020,clearly defines the work,but there is no stipulation on the standards of originality of works,and there is still no unified and clear standard of originality in legislation.There are many difficulties and controversies in the originality judgment of short video due to the inconsistency of judgment criteria,the length of time and the simplicity of production.Secondly,the fair use of works has always been a puzzle in copyright law."Three step test" and "four elements standard" as the traditional standard of reasonable use,have the greatest impact in the field of intellectual property.The copyright law of the People’s Republic of China in 2020 incorporated the content of Article 21 of the regulations for the implementation of the copyright law of the People’s Republic of China into the legislation,which marks that China has formally established the "three-step test method" for the rational use through the legislative form.In order to deal with the complexity of fair use cases,the "four elements standard" is also involved in judicial practice.Due to the short nature of short video and its unique business model,there are many new problems in the use of short video,and there are some difficulties in the application of "three-step test" and "four elements standard".Finally,as the most important participant in the short video industry,the responsibility of the network platform is concerned.The civil code of the People’s Republic of China,which was passed in May 2020,has improved the network infringement legislation,continued to retain the "notice deletion rule",added the "counter notice rule",and formally established the "red flag principle".These rules provide norms for determining the legal liability of the platform.However,the notice deletion rule is easy to be abused by the platform to avoid liability,and the specific application of the "red flag principle" is lack of clear provisions,which makes theregulation of platform liability still have deficiencies.In view of the above problems,it is suggested to strengthen the copyright protection of short video from the following three aspects.First of all,it is suggested to optimize the judgment method of short video originality,and relatively loose standards should be adopted in the originality judgment,and the principle of individual case judgment should be adhered to;secondly,it is suggested that the judgment of reasonable use of short video should be improved,and the judgment of reasonable use of short video should be focused on the judgment of "substantial reference" elements,and the "four elements standard" should be applied to the reasonable use of short video In order to standardize the network behavior of short video platform,we should strengthen the duty of care of short video platform to prevent the occurrence of infringement and promote the healthy and orderly operation of the industry.