Research On Copyright Infringement Of Network Short Video

With the rapid development of economy and technology,the short video industry has entered a period of rapid development.Short video apps such as trembling and fast-handed are extremely hot,and short video users are gradually increasing.Compared with long video,short video has the characteristics of low creation threshold,convenient viewing mode and fast transmission speed,which is more in line with people’s daily needs.At the same time,the network short video platform is constantly enriched and optimized in function and content layout,which also brings better experience to network short video users.However,the development of network short video also makes the infringement of short video copyright more and more prominent.On 30 November 2020,during the twenty-fifth collective study of the Central Political Bureau,General Secretary Xi stressed that the full chain of intellectual property creation,use,protection,management and services should be opened up and the comprehensive management system of intellectual property should be improved.The key to the protection of the whole chain of network short video is to solve the problem of reasonable use of network short video in the creation process and the problem of platform responsibility identification in the process of network short video transmission.This thesis studies the infringement of indigenous rights in the creation and dissemination of online short videos,hoping to provide some useful reference for solving the problems in the development of short videos.This thesis is divided into four parts.The first part is an overview of network short video,from the definition of network short video,characteristics and classification are introduced.Secondly,this thesis analyzes the works attribute of network short video.The key to whether the network short video can be protected by indigenous rights lies in the identification of originality,and the judgment of originality also makes the network short video subject to different protection.Clearing the works attribute of network short video also lays the foundation for the follow-up study of the infringement of indigenous rights in the creation and dissemination of network short video.The second part is the focus of controversy on the infringement of network short video copyright.In this thesis,two typical cases of network short video copyright infringement problems,and the two problems are studied.In the case of Guamo’s infringement,it reflects the infringement of Aboriginal rights in the creation process of network short video,especially the problem of reasonable use.In the byte jump company infringement dispute case,reflects the network short video in the dissemination process of aboriginal rights infringement problem,especially the network short video platform infringement liability cognizance problem.The third part is the network short video copyright infringement dispute focus analysis.Firstly,the focus of legal disputes in the process of online short video creation is analyzed,among which the most important is the reasonable use of the second-creation short video.The international standards are "three-step test" and "four-factor standard".China adopts the applicable rules of "three-step test method",but there are corresponding problems in the specific identification of reasonable use,that is,the definition of reasonable use principle is vague and the purpose of judging the use of short video is difficult.Secondly,the focus of legal disputes in the process of network short video transmission is analyzed,among which the most important is the responsibility identification of network short video platform.It usually uses the "safe harbor rules" to evade responsibility,and the aboriginal owners tend to use the "red flag principle" to restrict the use of the platform "safe harbor rules".The imperfect "notice-deletion" rule and the lack of attention obligation of network short video platform are the reasons for the difficulty of identifying the responsibility of network short video platform.The fourth part is the network short video indigenous rights protection Suggestions.First,to further improve the provisions of rational use,grasp the judgment of "appropriate reference",focusing on the judgment of "substantive reference".At the same time,the applicable rules of the "four-factor standard" are introduced to transform the use of short video creators.Secondly,we should standardize the responsibility of network short video platform,improve the specific content of "notification-deletion",further improve the standard of qualified notification,and improve the processing efficiency of network short video platform.Improve the duty of care of network short video platform from many aspects to prevent frequent infringement.