Research On Copyright Infringement Identification Of Short Clip Video

Relying on digital technology,short clip videos emerge at the historic moment.Its biggest feature is the use of others’ previous works.However,the use of earlier works without others’ permission often makes short clip videos subject to infringement risks.The rapid increase in the number of short clip video copyright infringement disputes also brings new challenges to our related legislation and judicature.On the one hand,in order to give creators proper creative space and establish the legitimacy of short clip videos,on the other hand,in order to solve the copyright infringement disputes brought by short clip videos and better protect the previous works,this paper carries out a systematic study.By using literature research method and empirical analysis method,it is found that the copyright infringement determination of short clip videos mainly focuses on three aspects:first,the property of the works involved in the short video.The emphasis of attribution identification of short video works lies in originality.In judicial practice,there are problems such as inconsistent criteria for originality identification,formalization of reasons for originality identification and inconsistent consideration factors for originality identification.The second problem is the identification of fair use of short clip videos.The application of the fair use system is difficult because the present model of the fair use legislation is still not perfect.Secondly,the scale of judicial judgment is not balanced,which is manifested as the fuzzy reason of fair use identification and the existence of different judgments in the same case.Moreover,transformational usage rules which have not been formally introduced are used.The third problem is the identification of indirect tort liability of short video platform.The lack of maneuverability of the safe harbor rules is reflected in the small number of "notices" sent by the right holders and the lack of unified standard of"reasonable period",followed by the non-unified standard of identification of "should know".In view of the above problems,this paper puts forward some suggestions and countermeasures.First of all,the basic unity of originality identification criteria is realized by setting "qualitative" as the main criterion and "quantitative" as the auxiliary criterion,and then the principle of "case judgment" is set to guide originality identification.The differences of different short videos are reflected in the judgment of"quantitative",and the detailed rules for the use of originality factors of short videos are improved in the identification of originality details.The use of objective and subjective factors should be balanced,the importance of different factors should be made clear,the time is not necessarily related to the creative identification of short videos,and the popularity should be taken into consideration in the originality identification of short videos,so as to solve the problems existing in the originality identification of short videos.Secondly,by changing the original fair use allowance clause to:"Other circumstances that meet the purpose of public interest",expand the scope of fair use,and insist on case judgment from the perspective of the general public,take holistic consideration of appropriate citations,make it clear that commercial purposes and fair use are not incompatible,focus on the quality of citations,supplemented by the number of citations as a reference,Then,with the help of the "appropriate reference" clause,transformational rules of use are introduced,so that judges can rely on the law and be more flexible in identifying the secondary creation of short videos,so as to solve the dilemma faced by the identification of fair use of short clips.Finally,by setting "notice" as the condition of prosecution,the cost is reduced and efficiency is improved,and the specific period of "reasonable period" is specified in detail.Generally,15 days is appropriate,but the actual situation can be adjusted according to the requirements of the right holder,the commitment of the network service provider,the time required for technical processing,the popularity of the work and the spread range.At the same time,we should establish the principle of "predictability" and pay attention to the subjective and objective factors to improve the judgment of "should know".