Research On The Indentification And Protection Path Of Copyright Infrigement In Short Online Vedio

At present,the network technology is increasingly developed,and the channels and ways for the public to obtain information are also diversified.The information acquisition methods of traditional media in the past can no longer meet the needs of the public in the contemporary society,so the short video industry arises at the historic moment.In this paper,after analyzing and sorting out the status quo of the identification of copyright infringement in online short videos,it is found that the focus of relevant disputes and identification difficulties mainly focus on the judgment of the attributes of short video works,the identification of the reasonable use of applicable standards and the determination of the responsibility of the network platform in copyright infringement.Among them,whether the originality of the work determines whether the short video should be included in the scope of copyright protection,and the degree is the key to judge whether it belongs to the work described in Article 3 of the Copyright Law.In addition,how to achieve a proper balance between copyright owners and public use is the key to determine the applicable margin of fair use,such as the adoption of unreasonable judgment standards will cause the failure and even anomy of the principle in the field of short video.Finally,the theoretical game between "safe harbor principle" and "Red flag rule" leads to the great controversy of platform duty of care standard.For the above problems,this paper from the following Angle to cut into.First,the degree of originality is closely related to the attributes of the work,and whether the expression of the work can reflect the author’s personality and thought will directly affect the judgment of originality.Secondly,when applying fair use in the field of short video,the characteristics of short video works must be fully considered.When quoting others’ works,we should pay attention to the "quality" and "quantity" of the quoted works.In addition,we should pay attention to whether the "transformational use" will affect the potential market value of the original works.Thirdly,the liability of network platforms is highly related to whether they actively fulfill the obligation of "notice + delete" and whether they fulfill the reasonable obligation of prior review.Clear the above standard is not meaning the end,only the truly prevention and put an end to happen the short video field of copyright infringement is the key,by finding out the scope of copyright infringement and standards can give the network users and short video flat to Taipei to clear legal guidelines,thus better able to clear their responsibility and behavior boundaries,Purify network environment and enhance users’ awareness of legal risk prevention and control.