Exploration Of Copyright Laws And Regulations For Secondary Creation Of Short Videos

Secondary creation short videos appear a large number of works with rich content and novel forms,which enrich the people’s amateur leisure and entertainment life and stimulate the public’s enthusiasm for innovation and creation.As an emerging phenomenon with the development of Internet information technology,the content of the traditional Copyright Law has certain deficiencies in its regulation and adjustment.There is a certain ambiguity in the concept of originality in the Copyright Law,so in judicial practice,problems such as different judgments in the same case and excessive discretionary space for judges have occurred,which to a certain extent have a negative impact on the predictability and stability of the law.This paper reviews the development of the concept of originality and puts forward three criteria for judging whether the secondary creation of short video content is original.This paper discusses the legal nature of algorithmic pushing,and proposes that algorithmic push-andrecommendation behaviors are different from recommendation behaviors in the legal sense,which cannot be simply equated.This paper discusses the extent to which online video platforms should bear a duty of care,and argues that online video platforms should bear a higher duty of care under specific conditions.In addition,the notification-takedown procedure is weak and cannot effectively respond to the need for copyright protection in the new environment,so online video platforms with corresponding capabilities should establish a copyright filtering mechanism to avoid legal risks.The internal logic of the fair use system is difficult to match with the content creation in the Internet environment,and the licensing mechanism stipulated by the traditional Copyright Law shows the shortcomings of high cost and low efficiency when faced with the development needs of secondary creation of short videos.This paper proposes to build a digital copyright trading platform,introduce block-chain.smart contract,big data and other technologies on the basis of the traditional licensing mechanism,optimize the copyright trading model,and involve multiple parties in the management to make up for the shortcomings of the traditional model.At the same time,the establishment of an "opt-out" model licensing sy stem in special fields restricts the rights of copyright owners of prior works slightly,providing greater legal creative space for the creation of secondary short videos.