Research On Infringement Of Short Video Related To Film And Television Works

Since the promulgation of China’s Copyright Law,it has always focused on protecting the rights of copyright owners,rather than paying too much attention to the rights of users.However,with the development of technology,the contradiction between law and reality has become increasingly prominent.The new phenomenon derived from advanced science and technology makes the copyright law appear the tendency of regulation failure.Short videos related to film and television works are at the critical zone of legal regulation.To encourage innovation without excessive infringement on the interests of copyright owners,it is urgent to explore the legal boundary of short video disputes related to film and television works.This paper consists of five parts:The first part,starting from the qualitative analysis of short videos related to film and television works,defines their concepts and analyzes their types,and divides them into art appreciation category,commentary category,segment interception category and mixed editing category.The second part,through the analysis of relevant cases,summarizes the focus of controversy in current judicial practice.The third part,through normative analysis,discusses the conflict between the short video related to film and television works and the rights of film and television works in protecting the integrity of works,the right of information network communication,the right of adaptation,the right of compilation and other rights by taking the possible infringement of the rights of film and television works copyright owners as the starting point.The fourth part,according to the three-step detection method,four element detection method,transformational use and other theories,judges the possibility that short videos related to film and television works belong to the reason of reasonable use,and analyzes the legitimacy and limitations of these theories in dealing with such short videos.The fifth part,aims to break through the limitation of the current focus on the liability of short video platforms,and make an in-depth analysis of the tort liability of short video producers,short video platforms,users,advertisers and other subjects.For the key subject of the short video platform,the applicability of the safe harbor system,the red flag standard and the rules beyond the red flag standard is analyzed.The sixth part,based on the reality of our country,clarifies the judgment standard of reasonable use,distinguishes the duty of care standard of each subject,optimizes the filtering mechanism of short video platform,and puts forward suggestions on the shortcomings of existing rules and improvement plans.