Research On The Protection Of Short Video Copyright In China

With the development of network technology and Internet industry,the particularity and complexity of network environment and network communication continue to expand the boundaries of traditional law.The emergence of short video,a new object in the network environment,also puts forward some new challenges to the traditional copyright law.In the first case adjudicated after the establishment of Beijing Internet Court on December 26,2018,it was first recognized that the short video involved in the case was a work protected by China’s copyright law,which further attracted the attention of all sectors of society.Because the case is only universal in some aspects,there is still a big controversy in the theoretical and practical circles of short video copyright protection in China.This paper tries to do analysis and research in order to draw on valuable ideas.Based on the general theory of copyright,this paper discusses the copyright of short video and the content of short video copyright protection through the comparative study of the related content of short video copyright protection in foreign countries and the analysis of typical cases involving short video copyright,and puts forward the countermeasures to improve the current situation and problems of short video copyright protection in China 。In addition to the introduction,this paper mainly includes the following three parts:The first part is the basic theory research of short video copyright protection.It expounds the basic concept of short video and the related general theory of copyright.Firstly,combining the existing industry definition and judicial point of view,this paper defines the concept and characteristics of short video,classifies it and leads to the protection of short video copyright through typical cases;secondly,based on the theory of works and its elements,it summarizes and sorts out the elements of works that short video needs to conform to in order to provide the following discussion on the copyright of short video Theoretical basis;finally,it analyzes the theory of interest balance of copyright protection,and clarifies the content that should be realized in the process of short video copyright protection.The second part discusses the key issues of short video copyright protection in China.This part first analyzes whether short video can constitute a work in the sense of copyright law.Originality,as a substantial component of a work,is the key to its copyrightability.Based on the existing general standards of originality at home and abroad,combined with the characteristics of short video itself,this paper puts forward the standards that can be used to judge the originality of short video works,and holds that short video conforming to the standards is copyrightable and should be protected as the object of copyright law.Then it discusses the content of copyright protection of short video works from four aspects: on the work This paper analyzes the right subject of short video copyright protection from three aspects: the form of expression of the right subject,the way of obtaining the copyright and the rules for the ownership of the special works.Based on the form of expression of the works and the way of creation,it discusses the content and degree of protection of short video copyright under different types of works.It also analyzes the short video copyright by applying the reasonable use system In order to achieve the balance of interests in the protection of short video copyright,the paper divides the links of short video infringement,mainly focuses on the infringement identification and exemption of the short video operation platform as the network service provider,and analyzes the liability of infringement in the relief of short video copyright.The third part is the analysis of the current situation of short video copyright protection in China and the discussion of the countermeasures.On the basis of the above research and discussion,this paper summarizes the current situation and problems faced by the protection of short video copyright,taking the principles of encouraging creation to promote the prosperity of culture and art,scientific and technological progress and the principle of interest balance as the basic guidance,drawing on the international beneficial theories and experience,and then puts forward five specific countermeasures to improve the protection of short video copyright in China.