for the past few years,with the speread of the Internet and the evolution of social platforms,short videos have become a new approach of information dissemination due to their fragmentation,interest and simplicity.Short video platforms have also achieved great development,but meanwhile,the infringement issues also increasingly prominent.This thesis analyzes the related issues of short video infringement of film and television editing through research methods such as comparative research,case study,and interest measurement.Video clips are short videos produced by secondary editing with video material as the content.The content quoted in such short videos is often not licensed by the copyright owner of the original film and television work.The dissemination of a large number of similar videos makes the producers of the short video and various short video platforms infringing on the interests of the copyright owner of the original film and television work.On the premise of clarifying the copyright attributes of short video clips,especially the identification of originality,the analysis of the infringement status of short video clips and the rational use system model,explore feasible regulation and protection paths,and under the premise of following the principle of interest and the principle of equity to facilitate the healthy development of the short video industry and promote cultural dissemination.The main part of this thesis incorporate: in the first place,an overview of short video clips,definition and classification;secondly,to explore the copyright attributes of short video clips,especially the analysis of originality,to determine whether it can constitute a work;thirdly,The analysis of the types of infringement and the infringing subjects of short videos of film and television clips makes it clear that in terms of tort liability,the producer bears the direct infringement responsibility,and the short video platform bears the indirect responsibility in the case of violating the "notice-deletion" rule and the "red flag principle".Tort liability;fourth,a comparative study of my country’s newly revised "Copyright Law" and the international fair use system,it is recommended to learn from the "four elements" judgment standard in the US copyright law as a reference factor for my country’s fair use judgment;finally,From three aspects:perfecting the rational use system,optimizing the licensing model,and establishing the concept of co-governance by all parties,this thesis proposes suggestions for the infringement regulation of short video clips. |