Research On The Infringement Of Secondary Creation Short Video

Since the media era,the development of network technology and fast-paced life make the public’s demand for entertainment grow rapidly.The characteristics of instant food and fragmentation of short video fit the development of current social culture,making it an important carrier for the new generation of social public to express their emotions and communicate with others.However,for the second creation of short videos on the premise of the existence of other people’s works o,it is neither a complete copy nor a complete original.Therefore,there are often three obvious problems in judicial practice,that is,the judgment criteria for the originality of the second creation of short videos are inconsistent,the current fair use rules are not suitable and the attention tasks of short video platforms are not clear.As a result,the infringement problem of secondary short video is difficult to be effectively solved.Therefore,on the basis of clarifying the originality standards of short videos,this paper first clarifies the related concepts of the second creation of short videos and refines the factors to be considered in the judgment of the originality of the second creation of short videos.Secondly,through the study of the application of fair use rules for the secondary creation of short videos,the scope of application of fair use rules is expanded from the legislative and judicial aspects,and whether the secondary creation of short videos is applicable to the fair use rules is determined by typing.Finally,based on the internal logic and legal status quo of the duty of care of short video platforms,the elaboration of the duty of care of short video platforms is discussed to further promote the prosperous and healthy development of the secondary creation of short video.