Research On Copyright Infringement Issues In Short Video

The expression of short video is more intuitive,diverse and interactive,providing a convenient channel for the process of co-creation,interaction and sharing of the industrial value of Internet content,accelerating the process of symbiosis and integration of commercial ecology under the Internet.The soaring online short video market has won a huge dividend.In the copyright infringement cases of short videos in the past four years,there are mainly problems such as different criteria for determining the originality of the infringed short video;lack of flexibility in the application of the legal provisions on fair use in the dispute over the alleged infringing short video;insufficient specific notice-deletion rules in the determination of infringement liability of the dissemination of infringing short video platforms,and unclear reasonable duty of care of the platform.Therefore,discussing the above issues and making corresponding suggestions is not only beneficial to the definition of ambiguous areas in short video copyright infringement disputes,but also helps to reduce the infringement in the short video industry.The paper is mainly divided into the following around the issues mentioned above:This chapter selects two short video copyright infringement cases to give a brief introduction,leading to the different originality determination standards in the current short video copyright infringement determination;the legal provisions of fair use have a narrow scope of application;the platform liability determination is unclear and other issues,below,Revolve around the above issues respectively.The second chapter analyzes the legal provisions and related theories of originality determination.Short videos that meet the originality requirements of the work are a prerequisite to be protected by copyright law,and are directly related to the scope of rights of copyright owners in infringement disputes.Analyze the relevant regulations of originality in our country and the characteristics of short videos,and look for reasonable and feasible short video originality identification ideas.Chapter 3 Fair use is the most common reason for preventing copyright infringement of short videos,and the legal provisions on fair use have a narrow scope of application.Analyze the application of my country ’ s laws and regulations on fair use,the three-step test method in short video infringements,and the legal regulations and development of fair use in the United States,and focus on exploring the use theory of “ purpose conversion” in the United States’ fair use determination on short video infringements.To determine the necessity in the process,seek the application path of "purpose conversion" in the production of short videos by short video producers.Chapter 4 analyzes the problems existing in legal provisions and actual cases in the determination of infringement liability of online platforms that are the subjects of copyright infringement of short video.Among them,there are problems in the determination of indirect tort liability,such as the imperfect notification-deletion rules care by the platform.Analyze the relationship between the subjective fault that the short video platform should know and the performance of the duty of reasonable care,and summarize the case-by-case analysis method for different degrees of duty of care.Chapter 5 puts forward legal and technical suggestions on the regulation of copyright infringement of short videos.At the legal level,clarifying the criteria for determining the originality of short videos is the premise of copyright protection when short videos are infringed.The reasonable application of the notice deletion rules and the clarification of the duty of care of different platforms are not only beneficial to clarifying the subjects of liability,but also help to control and reduce the occurrence of infringement from the source.At the technical level,short video platforms should actively use technical protection measures to quickly identify infringing short videos and reduce the spread of infringing works.Finally,explore the effective licensing model in the field of short video creation.Promote cooperation between short video creators,copyright holders of original works,and video platforms,while taking into account the social and public interests.