Research On Similar Cases Of Short Video Copyright Infringement Disputes

With the development of Internet technology,Short video industry is developing rapidly,and the infringement disputes of short video are increasing.Due to the ambiguity of the relevant legal content and the inconsistency of the standard of infringement,the phenomenon of different judgments frequently appears in the same case,which to some extent shows the limitation and lag of the copyright legislation in the Internet field.Through the analysis of 53 sample cases,we can find that there are three controversial points in the process of judging short video infringement: first,whether the short video is original and what kind of works it constitutes;The second is the cognizance of the short video infringement,the third is the application of the short video platform safe harbor principle.Combining theory with judicial practice,we can draw the following conclusions: First,the creativity of short video should adhere to the standard of "Minimum creation",and original short video should be included in the category of audio-visual works;It is necessary to reinterpret the method of "Contact + materiality" to determine the infringement of copyright,and to define the reasonable use of the reasons for the exclusion of infringement,we can introduce the conversion use rule to judge,as for the application of the principle of safe haven for short video platforms,the rise of short video platforms has brought about challenges to the principle of safe haven,and the principle of safe haven should be reinterpreted to raise the threshold for the application of the principle of safe haven,we should attach importance to the restriction of red flag principle,refine the identification of fault,and introduce the "Notice-shield" rule to prevent the repeated infringement on short video platform.To clarify the above-mentioned issues is the key to solve the dispute of short video infringement judgment.