Research On Copyright Regulatory Of Short Video Infringement Of Film And Television Works

At present,mobile short-video has become an emerging product of the Internet and developed rapidly.Among all the Short-Videos,film and television clips are much more loved and concerned by the public.Mobile Short-Video creators usually select film and television works as materials for editing and processing.The clips of the selecting works were made into short time,refined content videos for dissemination.However,The Short-Videos which based on the film and television works are often not obtained the permission from the copyright owner in the process of creation.If it does not belong to the copyright restrictions and exceptions,which will seriously infringe on the legitimate rights of the copyright owners of film and television works.At present,in terms of legislation,the legal norms for the regulation of short-video infringement of film and television editing mainly show the characteristics of constant revision of legal provisions,insufficient detail in some content,and insufficient power to protect online copyrights.Judicially,by sorting out and analyzing the researchable cases on the China Judgment Documents Network,it can be seen that there are problems in the regulation of short-video infringement of film and television clips,such as difficulty in determining the nature of the work,difficulty in identifying infringement,and generally low compensation amounts.In this regard,the copyright law regulation of short-video infringement of film and television clips needs to be based on the above problems and be improved in a targeted manner.Specifically,in terms of determining the nature of works,it is necessary to further clarify the criteria for determining the originality of film and television works,and strengthen the copyright law in protecting online copyrights.In terms of infringement determination,it is necessary to refine and improve the fair use system,further clarify the duty of care of short video platforms,and improve the judicial judgment of safe harbor rules.In terms of compensation for losses,the system of compensation for losses needs to be optimized,the amount of compensation should be appropriately increased,and punitive compensation should be adopted if necessary.