Research On Short Video Copyright Protection

The short video industry is developing rapidly,with unprecedented user and market scale and huge economic benefits.However,ineffective supervision and unclear related laws and regulations have led to frequent infringements in the short video industry.This article uses empirical analysis,comparative research,and literature research to study the originality of short videos,the distribution mechanism of copyright benefits,and the determination of infringement,in order to provide practical suggestions for the protection of short video copyrights.The thesis is roughly divided into five parts:The first part is the status quo and predicament of short video copyright protection.First of all,through data analysis of the status of short video copyright protection,it is necessary to clearly solve the problem of short video copyright infringement.Then it sorts out the three difficulties of short video copyright protection: different identification of short video copyrightability,unbalanced benefit distribution mechanism,and difficulty in identifying infringement.The second part,the copyrightability analysis of short videos.The core of the essential elements of a work lies in the judgment of originality,but the current law does not define it,so the comparative research method is used to analyze the extraterritorial originality standard.Finally,it discusses the originality standards of short videos in our country.By analyzing the originality standards in judicial practice,combining the nature of copyright legislation and the new provisions of the "Copyright Law" on audio-visual works,it is helpful to adopt "minimum standards".To realize the author’s interests and the prosperity and development of the industry.The third part is the distribution mechanism of the rights of short video works.In the short video industry chain,the subjects involved in the distribution of copyright benefits are mainly content producers and short video platforms.The unilateral user agreement and other issues put the platform in a strong position in the short video industry chain.The existing balance of interests in the copyright law has been broken.The parties’ pursuit of their own interests leads to frequent infringements.Therefore,drawing lessons from the collective management mode of music copyright,the thesis puts forward practical suggestions on the distribution path of short video benefits.The fourth part is the judgment of short video copyright infringement.First,discuss the principle of imputation from the two situations of direct infringement and indirect infringement,and clearly apply the principle of fault liability.Then,analyze the elements of infringement from the two aspects of infringement and subjective elements.Short video infringement has various means,and the types of direct infringement and indirect infringement should be clarified;the key to the determination of subjective fault lies in whether the platform "knows or should know" in the indirect infringement..Finally,the exemption for indirect infringement of short video platforms is currently controversial,and the duty of care of platforms under the "safe harbor rules" is too limited.The current legal system is difficult to truly curb copyright infringement of short videos,and it is necessary to give platforms a higher duty of attention and review.The fifth part is the suggestions for copyright protection of short videos.Legislation needs to make it clear that the criterion for judging the originality of a work is the "minimum standard",that is,the work is independently created by the author and embodying individuality;in judicial practice,the determination of originality must be based on the characteristics of the short video itself.To determine whether short videos are original or not based solely on the concept of similar electronic works;build a unified platform management model,implement real-name registration of short video platforms,sign work agreements to clarify the scope of authorization,negotiate license fees,and rationally distribute the platform after external circulation Use fees,etc.;improve the application of the "safe harbor rules";at the same time,appropriately increase the requirements for the platform’s duty of care in combination with the status quo of technological development.