Behind the current prosperity of short video platforms are a lot of infringement behaviors,such as transferring and uploading videos without permission,using other people’s videos as mixed cutting materials,uploading game recording content,imitating others’ video ideas,etc.In this paper,using the case method and depth interview method,with the aid of journalism and communication,law,relevant theories in the field of computer science and technology,etc,will be a short video interested parties to the legal consciousness,identification of infringement of short video index framework as well as the path to prevent such key problems as the research key,for short video copyright infringement problem causes and determine path were discussed and put forward the corresponding countermeasures.Based on the classification of short video copyright infringement types,this paper summarizes the characteristics of short video infringement and analyzes its causes.Through comparison and analysis of specific cases and in-depth interviews to the media institutions and experts and scholars,to explore the possible path of short video to prevent infringement problems,and tries to put forward feasible solutions to short video tort ills,namely on the premise of determine the object of copyright,use a "substantial similarity + contact" rules and reasonable use four elements determination method,From the purpose,nature,proportion of citation,market influence to judge whether a work has the legitimacy of purpose,whether has caused substantial damage to the originator,so as to determine the infringement of copyright.This paper also proposes feasible measures from the legal level,user level,platform level and other social subject level for short video copyright infringement.At the legal level,legislation should balance copyright protection and creation encouragement;The judiciary should increase the supervision responsibility of the platform and balance the legal resources of different regions.Law enforcement shall be strictly enforced in accordance with laws and regulations,and intellectual property education shall be carried out for all.At the user level,the legal concept of video production and audience should be enhanced to encourage originality.At the platform level,content platforms should introduce content according to audience needs,strictly fulfill the duty of reasonable care,explore intelligent use authorization and profit distribution mechanism,and actively maintain copyright by using API access,MD5 value,block chain,artificial intelligence and other technologies.In addition,it is necessary to give play to the role of other social subjects and encourage third-party institutions or ordinary users to supervise and help safeguard their rights.The above measures can solve the problem of short video infringement to a certain extent,so as to enhance the protection of the rights and interests of the creators by all interested parties of short video content. |