On The Judicial Determination Of The Ownership Of Short Video Copyright

In recent years,with the rapid development of the short video industry,the short video has brought more and more economic benefits,resulting in an increasing number of short video copyright disputes.In judicial practice,the trial of short video copyright disputes involves the issue of the attribution of short video copyright in many cases.The continuous emergence of different types of short video and the changes of relevant legislative provisions make the issue of the attribution of short video copyright complex.From the perspective of copyright law,this paper takes the judicial determination of short video copyright as the research content.According to the different legal nature of short video,it is divided into video products and audio-visual works for classification research,and puts forward feasible suggestions.First of all,starting from the research object of short video itself,this paper defines the meaning of short video,classifies short video according to different legal nature and production mode,and makes an in-depth analysis on the premise of the originality of short video,and comes to the conclusion that the originality of short video should not be completely denied,and that short video may have the possibility of originality and thus be protected by copyright.Secondly,through sorting out the relevant judicial cases of short video copyright ownership in recent years,we find the problems.This part mainly summarizes and analyzes the retrieval cases from the three aspects of the originality,legal nature and copyright owner of short videos,and points out that the classification standards of video products and audio-visual works are not unified,the misunderstanding of producers of video products,the ignorance of the meaning of "producers" in the identification of short videos producers of audio-visual works The path of judicial determination of the copyright ownership of audio-visual short videos needs to be re sorted.Thirdly,it analyzes the jurisprudence involved in the judicial determination of the ownership of short video copyright.From the three aspects of the legal nature of short videos,the ownership of copyright of short videos of video products and the ownership of copyright of short videos of audio-visual works,this paper combs and analyzes the relevant theories and views of the academic community,and concludes that China is still a binary model of video products and audio-visual works,the producers of video products need to have the subject qualification,and there is no essential change from "producer" to "producer" If other audio-visual works constitute cooperative works and work for the post,they shall,in accordance with the provisions and other conclusions,provide a legal basis for the following suggestions on judicial determination.Finally,it gives solutions to the above problems in the judicial determination of short video copyright one by one,and puts forward that the classification standard of video products and audio-visual works should be "high or low" of originality.It is suggested that the court should follow the principle of taking aesthetic experience as the premise for determining the originality,reverse presumption as the main determination method,continuous pictures as the object Taking into account the characteristics of the short video industry,determine the originality threshold and other principles.For short videos of video products,it is proposed that only those who have the legal subject qualification can be recognized as the producers of short videos of video products.For short videos of audio-visual works,specific suggestions are put forward for the review of such issues as post works,cooperative works,agreements between the parties and producers in general in judicial practice,and some other considerations are given,hoping to provide some reference for the judicial determination of the ownership of short video copyright.