Research On Copyright Protection Of Short Video

With the rapid development of mobile Internet and mobile intelligent terminal,short video has become a popular video software because of its short length,rich content and fast transmission speed.It can meet the needs of fragmented reading and entertainment,and it has strong interaction and real-time,which attracts many users.Gradually developed into a popular social and entertainment tool,personal users and platforms are attracted by the huge economic value contained in it and participate.At the same time,the problems of short video are exposed.How to identify its originality and get the protection of copyright law,how to identify the reasonable use behavior in short video production,and how to establish the tort liability when the infringement of short video platform occurs is urgently needed to be solved.This paper is divided into five parts to discuss.The first part is the introduction,which mainly includes the purpose of the topic,the significance of the topic,the research status at home and abroad,the research methods and other contents.It mainly provides a background for the following key content,and also gives the theoretical and practical significance of the research on the protection of short video copyright.The second part mainly studies the definition of short video and the classification and characteristics of short video by different scholars,and gives their own views.Secondly,the paper analyzes the short video industry chain to understand the relationship between different rights.Finally,the content of personal right and property right of short video is analyzed.The third part,through the study of the current legal norms and the real cases in judicial practice,puts forward the legal problems which are not conducive to the protection of short video copyright,including whether short video belongs to the works protected by copyright law,how to identify the originality of short-term frequency The paper discusses the problems of how to identify the infringement and liability of short video platform and how to identify the reasonable use of short video,so as to highlight the urgency of solving the problem.The fourth part mainly analyzes the legal problems raised in the third part.First,it expounds the identification standard of short video works,focuses on the identification of originality,and puts forward that when identifying the originality of short video,the author should take the personality standard in the author’s right department as the main part,and at the same time,it should embody the minimum requirements in case analysis.Then,it expounds the direct and indirect infringement of short video platform,and expounds the rules of the safe haven,red flag and the higher duty of attention given to the short video platform.Finally,the author expounds the reasonable use system of our country,and concludes that the objective standard should be used in judging the reasonable use of short video.The fifth part puts forward specific legislative and judicial suggestions for the problems existing in the protection of short video copyright in China,and puts forward that the meaning of "audio-visual works" can be more specific and clear about the original connotation in legislation.The judicial level should also refer to the secondary factors based on the main elements.In the aspect of infringement identification of short video platform,the "timely" of "notice deletion" should be standardized,and the duty of attention of the platform should be improved.In the aspect of reasonable use,elastic standard is introduced as the judgment standard in legislation,so as to standardize the reasonable use behavior.