Research On The Copyrightability And Copyright Protection Of Short Video

The short video is the product of the collision and fusion of technological progress and desire of public expression.Although the duration of short video is short and the volume is small,the information density is greater,the viewing cost is lower,and the transmission speed is faster.The content from seconds to minutes fills the fragmentation time of the public and meets the demand for higher content information density in unit time.However,after experiencing a short period of "barbaric growth",short video have encountered the development dilemma of widespread and rampant violation on the one hand,and on the other hand raised new application concerns to the existing copyright protection system.Especially the development characteristics of low production thresholds for short video and diversified creation methods directly lead to many disputes and reflections about the confirmation,conflict and protection of the right to short video.The modern market economy is essentially an economy ruled by law.The normal development of any new thing cannot be achieved without the positive value orientation and the orderly and systematic incentives.In order to ensure the normal and orderly development of short video,this thesis intends to focus on the the copyrightability of short video and other aspects,and conduct a comprehensive exploration of short video copyright protection:This thesis can be divided into following four parts: The first part mainly defines the basic issues such as the scope,characteristics,industrial chain and classification of short video.By clarifying the definition,characteristics and development process of short video,it highlights the content attributes and technical characteristics that distinguish it from traditional video.By introducing the industry chain and participating entities,it is possible to clarify the roles played by different entities,as well as complex cooperation relations and interest disputes.By exploring the classification of short video under different standards,it is a preliminary attempt to typify short video from the perspective of audio-visual and professional standards.The second part explores the copyright issues of short video.Under the guidance of the concept of balance of interests,using the way of "dichotomy of thought expression" and "abstract summarization" to clarify the structure of short video that can be used as a specific expression and then as an object of copyright analysis.On the basis of a specific type of short video which is taken as a sample,combined with technical representation at the fact level and critical reference to judicial practice and extraterritorial legislative provisions at the legal level,we can typify the originality analysis and set the standard of short video.The third part studies the right content and fair use of short video.The right content of short video copyright protection is the same as that of ordinary works.In view of the new characteristics of mixing creating purpose,special creating techniques in the use of secondary creation works,especially the parody.The improvement direction of the existing rational use system is to absorb the content of "transformative use" and enrich the form of appropriate quotation,emphasize the necessity of the coordination of the subjective use purpose of legitimacy and the objective judgment conditions of quoting “quality” and “quantity”,etc.Finally,the legislation should be appropriately set up with limited applicable bottom-up clauses to adapt to the emergence of multiple creation formsThe fourth part studies the copyright protection of short video.It should be guided by the balance of interests with legal and technical measures at the same time.Multi-party entities should cooperate to improve the rights realization mechanism from the perspective of clarifying the source of rights and promoting transactions,improve the infringement prevention mechanism from enhancing the duty of care,constructing a pre-examination system,and improve the infringement relief mechanism from clarifying infringement liability,optimizing infringement litigation rights protection mechanisms,and at length to work together to build systematic copyright protection mechanism.