| The business model of the short video platform is "attention economy",which mainly attracts users’ attention by providing free services,and commercializes users’ attention,and then earns economic benefits by selling users’ attention.In the short video industry,short video works are an important way for short video platforms to attract users’ attention.From the perspective of copyright law,in this process,there is a copyright licensing transaction between the short video platform and the short video author,which means that the short video author licenses the short video work to the short video platform for use.However,the short video platform obtains the copyright license of short video works through electronic copyright licensing terms,which leads to a lack of basic agreement between the short video platform and short video authors on the copyright licensing terms,and also causes the short video platform to ignore the short video content.Author’s Copyright Interest.The original intention of the establishment of the Copyright Law is to protect the interests of copyright owners,achieve the effect of encouraging copyright owners to create,and then promote the prosperity and development of social culture and economy.In the short video industry,the short video platform deprives short video authors of their copyright and property rights through electronic format copyright licensing terms by using the publishing and dissemination technology they have mastered.In addition,from the perspective of the operating model of the short video platform,the short video platform has long deviated from the neutral position of the technical service provider,but the existing legal system cannot effectively regulate the short video platform,resulting in conflicts between the short video platform and short video authors.The interests are out of balance.After research,it is found that the short video platform copyright licensing terms and interests are imbalanced in the following four aspects:(1)copyright licensee and sublicensable aspects;(2)licensing fees and licensing scope;(3)licensed areas of use and licensing time;(4)short video copyright protection.Investigating the reasons,there are two reasons for the imbalance in the interests of short video platform copyright licensing terms: one is the social cause,which is mainly manifested in the failure to develop the habit of paying for knowledge,the unequal status of the subject of the contract,and insufficient rights and remedies;the other is the legal The reasons for this are mainly manifested in the insufficient regulation of electronic format clauses in the contract law,the insufficient regulation of copyright licensing in the copyright law,and the insufficient regulation of the monopoly behavior of short video platforms in the anti-monopoly law.By researching and analyzing the manifestations and causes of the imbalance in the interests of copyright licensing terms of the short video platform,and examining the copyright terms of the YouTube short video platform and the EU copyright licensing fair remuneration mechanism,the problem of the imbalance of interests in the copyright licensing terms of the short video platform in my country can be corrected from the following four aspects Proceed:(1)The administrative agency issues a model of the copyright licensing terms of the short video platform to guide and standardize the behavior of the short video platform;(2)The Supreme Court issues a judicial interpretation to regulate the formulation of the copyright licensing terms of the short video platform;(3)Improve the civil law(4)Introduce the rules of fair remuneration for copyright licensing in the Copyright Law. |
