| In the creation mode of User Generated Content(UGC),short videos have gradually become the new normal in the field of network information dissemination,which has had a significant impact on social life and economic development.While the short video industry is developing rapidly,the lack of copyright protection has led to frequent infringement disputes,which has severely tested the healthy and orderly development of the short video industry.From January 2019 to May 2021,the 12426 Copyright Monitoring Center monitored 13 million original short videos and secondary short videos of film and television comprehensive works,and notified the deletion of 14,786,000 second-creation infringement and 4,163,100 original infringing short videos.It can be seen that the copyright infringement of short video "secondary creation" represented by handling,cutting and pasting,and splicing is the main problem affecting the copyright environment of short videos.In order to improve the copyright environment for short videos,infringement control activities represented by the "Sword Network" special action have been carried out at the national level.However,the scope of national governance to crack down on short video copyright infringement is limited,and users abuse the fair use defense,platforms blindly rely on the "notice-takedown" rule to avoid liability,and original rights holders are negligent in protecting their rights,resulting in short video copyright governance falling into trouble.Therefore,the establishment of multi-subject collaborative governance of short video copyright infringement,which is different from the single governance of the government,plays an important role in creating a good short video copyright environment.The key to the construction of a collaborative governance model for copyright infringement lies in balancing the interests of relevant entities and promoting the active participation of all entities in copyright infringement governance activities.In order to explore the multi-subject collaborative governance strategy of short video copyright infringement and guide the healthy development of the short video industry,this study first clarifies the applicability of the relevant concepts,evolutionary game theory and collaborative governance theory of short video copyright infringement to this research through the study of the research results.Then,with the help of the relevant jurisprudence of short video copyright infringement disputes,the current status of short video copyright infringement governance is sorted out,the root causes of the short video copyright infringement governance dilemma areclarified,and a certain foundation is provided for the subsequent model establishment and countermeasure suggestions.Finally,combined with the analysis results and the actual situation,the income and cost parameters of relevant subjects are abstracted,a three-party evolutionary game model is constructed,and combined with the case analysis conclusions and model simulation results,from the perspective of guiding the strategic choices of users,platforms and original rights holders,it is proposed to establish a copyright filtering mechanism to combat user infringement,reduce the difficulty of obtaining rights through centralized copyright licensing,reduce governance costs with the help of technical means,expand platform business to strengthen governance efficiency,and guide rights holders to deposit evidence to improve the winning rate of rights protection.Specific recommendations such as setting up rights protection assistance to reduce the cost of rights protection.The research aims to guide users,platforms,and original rights holders to evolve to the stability point of “fair use,governance,and rights protection”through research conclusions and recommendations.Regulate short video copyright infringement in the form of multi-entity collaborative governance,create a good copyright environment,and promote the healthy and sustainable development of the short video industry. |
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