| Relying on its characteristics of simple production,time length and strong interactivity,short video has rapidly developed into a new force in the field of communication media.With the surge of the number of network users and the continuous expansion of the industry scale,the network short video is no longer a way of entertainment in the traditional sense.It has obviously become an important cultural industry and influences,penetrates and integrates with other industries.Both individual users and the main body of short video platforms are constantly exploring the great value contained in the field of short video.In this process,the copyright infringement caused by them also comes one after another,and the platform often ignores the protection of the copyright of short video authors for their own interests and traffic.In the context of the existing copyright protection system,this paper analyzes the following five parts on the copyright protection of domestic short video,aiming to improve the copyright protection system of short video in China and solve the dilemma,and realize the balance of short video authors,platforms and public interests.This paper is mainly divided into five parts.The first part is an overview of the problems existing in the development of short video.From the perspective of cases,the problems existing in the field of short video in China are analyzed.On the basis of clarifying the research object of this paper,the necessity of the protection of short video copyright is pointed out,so as to lay a theoretical foundation for the research field of short video copyright protection.The second part is about the originality of the short video identification.Short video has the attribute of the work,which is the premise of this paper.Putting short video under the copyright protection system in China,the first section understands the difference between the two legal systems for comparative study and analyzes the advantages and disadvantages.The second section analyzes the dilemma of the current judgment of short video originality in China,and the third section constructs the identification criteria of the originality of Chinese works based on case analysis.Lay the theoretical premise for the discussion of the short video copyright problem.The third part is the definition of the reasonable use of short video.In the process of short video creation and when the inspiration is insufficient,we will inevitably learn from the excellent innovations existing in others’ short videos.Add in their own ideas and ideas,become their own work.But in this so-called "reference" degree,it is difficult to define is plagiarism or reasonable use.This problem has always been a major difficulty and controversial point in the field of short video copyright protection.The fourth part discusses the problem of platform responsibility.In order to promote the optimization and upgrading and prosperous development of short video,it is necessary to provide a benign market competition mechanism and a stable market platform.Therefore,in order to fundamentally solve the problem of short video infringement,the key lies to clarify the responsibility of the platform,become a benign driving force for the development of short video,and escort the healthy and sustainable development of the whole industry.On the basis of the analysis of the above difficulties of short video protection,the fifth part puts forward some specific ideas and suggestions for the problem of short video copyright protection.First,confirm the attributes of short video works;second,standardize the rational use behavior;third,clarify the responsibility of frequency platform.Through the joint efforts of various parties and multiple measures to achieve coordinated development among copyright owners,users and platforms. |
