Identification And Liability Of Copyright Infringement Of Making Short Videos By Using Other People’s Works

With the continuous development of the Internet,people’s reading style has gradually changed from traditional paper media to short videos that are more in line with the needs of"fragmentation".As a result,the short video industry has developed rapidly and quickly penetrated into people’s daily life.The rapid development of online short videos has also brought a lot of convenience to the secondary creation,and a large number of short videos produced by published works have emerged on various platforms.Many short video producers use the original works without the authorization of the owner of the original works,which leads to a series of copyright infringement disputes.Short videos produced by using other people’s works can be divided into reproduction type,adaptation type and independent work type.Except that the produced short videos can be established as independent works and constitute fair use,these short videos produced by using other people’s works have the risk of infringing the original right holder’s right to copy,edit,compile,translate and protect the integrity of the works.Once the use of the original works is recognized as infringement,it is necessary to bear the liability for stopping infringement and damages stipulated by law.It is undeniable that the short video industry plays an active role in promoting economic development and cultural communication,and it is necessary to promote its development.Stopping the tort liability means that the short video platform can no longer disseminate the video,and the works of the obligee are difficult to disseminate.In order to realize the balance between the protection of the interests of the owner of the original work and the normal development of the short video industry,the tort liability of such short videos should be considered from multiple angles.First of all,the determination of the amount of damages should take into account the subjective fault degree of users and the objective impact of whether it constitutes market substitution for the original works.In the case of market substitution,it can be properly considered to increase damages;Secondly,for the responsibility of stopping infringement,we should consider whether short videos cause market substitution for original works and whether the dissemination of short videos has propaganda significance for original works.If there is market substitution,the infringement should be stopped immediately;If it has propaganda significance for the original works,we can consider increasing the amount of damages instead of stopping infringement to ensure the development of short video industry.