Research On Copyright Infringement Of Short Video

The explosive development of short videos has made them integrated into every aspect of public life in terms of content and form,resulting in an increasing number of short video infringement disputes in judicial practice,which has brought new tests and challenges to the relevant legislation and judicial field in China.This dissertation mainly explores the issue of the originality of short videos by using the literature analysis method.It mainly includes: comparing the originality standard in the copyright system,the originality standard in the authorship system,the advantages and shortcomings of the fair use system in the open and closed legislation,the key elements constituting the transformative use behavior,and the feasibility of applying the implied license system in the field of short videos by using the comparative analysis method.Through empirical analyses of the current typical cases of short video infringement,the infringement problems in China’s short video copyright are summarized,and personal suggestions on the determination of infringement and the setting of compensation standards for short video copyright in China are put forward accordingly.The main research content of this paper is divided into the following four parts:The first part introduces the current situation of short video copyright infringement.Firstly,it elaborates the rise of short video,mainly including the definition,development history and characteristics of short video.Based on the basic concept of short video,we analyzed the current situation of short video infringement cases and brought out the focal points of short video infringement disputes encountered by courts in judicial practice.The second part is an analysis of the focus issues raised in the first part.It mainly studies the factors for determining the originality of short videos and the degree of originality required for them to constitute a work.The three-step test of the fair use system,the four-element standard,and the application of transformative use in China’s judicial practice are analyzed.Based on the existing licensing system in China,learn from and introduce the foreign implied licensing system in China’s copyright law.On this basis,the issue of tort damages is explored.It analyzes the difficulties of proof for right holders in the Internet era,examines the reference factors for determining the damages of right holders in court cases under the current legislative environment,explores the free choice between "actual damages" and "illegal gains" for right holders in proving the amount of damages.It also points out the shortcomings of the current statutory compensation standards and reference factors for determining the amount of tort damages.In the last part,personal suggestions are provided to address the above-mentioned problems.