With the update and development of 5g technology,emerging digital technologies such as artificial intelligence and big data are deeply integrated with the traditional video media industry.The fast-paced work and life also makes the majority of users seek spiritual and cultural products that are more short-term,efficient,convenient,interactive and social.Under this background,online short video came into being and gradually became one of the main ways of entertainment.It also quickly occupied a place in the Internet industry by taking advantage of diversified video content,vivid and rich forms of expression,simplicity and convenience.The vast number of online short videos not only enrich people’s amateur life,but also have the attributes of wide communication range,fast communication speed and strong sociality,which are like a double-edged sword,which not only brings severe challenges to China’s copyright protection,but also hinders the benign and sustainable development of the online short video industry.Internet short video copyright infringement cases continue despite repeated prohibitions.There is a fierce game between Internet short video producers and work owners.The legal obligations of Internet short video platform need to be improved.There are disputes in theory and practice about laws and regulations related to Internet short video.These thorny problems need our attention and timely response.Firstly,starting from the network short video itself,this paper introduces the research object of network short video in detail from the analysis of definition,characteristics,classification and copyright.Secondly,the identification of network short video copyright infringement is analyzed from the constituent elements,types and exemption reasons.At present,the copyright infringement of network short video in China is relatively complex,which is mainly divided into direct infringement and indirect infringement.Different exemptions are provided for the above two types,namely,the principle of reasonable use and safe haven.Next,the author will systematically sort out the current legal system provisions on the emerging thing of online short video in China,and briefly explain the extraterritorial system rules,that is,the legislative experience,so as to summarize the defects of the legislative system of online short video copyright infringement,including the controversial nature of the work,the unclear identification of reasonable use,and the duty of care of the short video platform.Finally,in view of the above problems,combined with the development of China’s online short video industry and the current situation of judicial practice,this paper explores practical improvement suggestions from the recognition standard of copyright of short video works,the scope of reasonable use and the duty of care of all parties,and formulates an all-round,multi angle,scientific and reasonable regulation scheme for online short video copyright protection,Clarify the attribute types and legal status of network short video works,reconstruct the boundary of network short video copyright protection,and clarify the obligations and responsibilities of network short video platforms and producers,especially the duty of care and copyright protection responsibility,so as to effectively solve the problem of weak copyright protection of network short video and create a society with strict supervision,harmony and order,creative freedom The clean and positive atmosphere of the network short video industry provides a useful theoretical reference. |