| How to define secondary creation of short videos is a fundamental issue in clarifying the issue of copyright infringement.Whether it is a video produced by ordinary users or by professional content producers,and whether it is a secondary creative behavior of film review or mixed cutting.Whether the secondary creation of short videos belongs to works within the meaning of copyright law,and what is the relationship with the newly revised "Audiovisual Works" in the Copyright Law,as well as the issue of their own originality,are all related to the infringement of secondary creation of short videos in copyright.This article starts with the definition of secondary creation short videos,analyzes the classification and work attributes of secondary creation short videos,including the relationship between secondary creation short videos and audiovisual works,as well as the issue of their own originality,as well as the controversial issue of business transformation.The second part of the article elaborates on the current copyright law recognition of secondary creation of short videos,as well as the infringement of personal and intellectual property rights of authors,as well as the situation of multiple parties involved in the infringement of secondary creation of short video copyright:content producers and short video platforms.The third part discusses the infringement liability and dispute resolution mechanism in the secondary creation of short videos.On the one hand,the content producer,as a direct infringer,should bear direct infringement liability,and on the other hand,the indirect infringement liability of short video platforms in the secondary creation of short videos,including subjective awareness of specific infringement behavior and objective violation of duty of care,In addition,there may be joint and several liabilities that short video platforms may need to bear,as well as exemption reasons for the platform’s existence.Based on the responsibility of short video platforms,it is worth considering how the current infringement phenomenon of secondary creation of short videos has developed,and whether the dispute resolution mechanism in current copyright law can effectively solve existing contradictions and problems.At present,in the copyright protection rules formed by the Regulations on the Protection of the Right of Information Network Communication and its judicial interpretation under the network environment in China,the red flag standard,the notice delete rule and the rule beyond the red flag standard have more or less problems in resolving the disputes presented by the secondary creation of short videos,that is,the existing rules in China cannot be directly applied to the resolution of the infringement disputes of the secondary creation of short videos at present.The vigorous development of short videos requires high-quality content as the core to support,and the infringement issue of a large number of short videos and secondary short videos created by various platforms not only requires copyright owners to continuously enhance their copyright awareness,but also network service platforms to fulfill reasonable obligations.Moreover,it requires comprehensive governance of copyright issues by the state in order to promote two-way development of the industry and culture in a balanced situation of interests.Therefore,this article also proposes the use of copyright collective management organizations,as well as the introduction of new licensing models,or the improvement of optimizing licensing models by signing copyright licensing agreements between copyright owners and platforms.In addition,By improving the use of the three-step test method and incorporating transformative usage rules into the criteria for determining the reasonable use of secondary short videos,the issue of copyright infringement in secondary short videos can be effectively alleviated and developed towards a balance of interests,safeguarding the sustainable development of the short video industry. |
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