Research On The Regulation Of Copyright Infringement Of Online Short Video

With the advent of the Internet era,network short video came into being,which broke the traditional way of obtaining information,was deeply loved by the public and gradually developed and expanded because of its short duration and rich content.However,there are more and more copyright infringements of online short videos.This paper focuses on the copyright infringement in the development of online short video.By combing the judicial cases in recent years,from the perspective of plaintiff’s claim,sued behavior,infringement type,dispute focus,judgment result and litigation time and cost,this paper analyzes the current situation,causes and problems of copyright infringement of online short video,and finds that the difficulties in the regulation of copyright infringement of online short video mainly lie in three aspects: the definition of the attributes of online short video works,the determination of the responsibility of online platforms and the application of the fair use system.n addition,a further analysis of the disputes in the above three aspects is made based on different scholars’ views,mainly focusing on the differences in the criteria for identifying originality,judging the types of works of short online videos,the duty of attention of online platforms,the effective criteria for notification,and the application of the "three-step test method" and "four elements" test method In view of the above problems,this paper holds that,in combination with China’s actual situation,we should clarify the criteria for identifying the originality of "whether there is or not" and then distinguish short online videos,which are identified as audio-visual works regulated by copyright,or audio-visual products regulated by neighboring rights;At the same time,through the introduction of laws or explanations,the identification standard of effective "notice" and the definition of "timely" are clearly defined,and the duty of care of the network platform is appropriately improved;In addition,the "three-step test method" can be used as the main method,supplemented by the "four elements" test method,so as to further enhance the judicial applicability of the reasonable application system..The above suggestions are expected to help to further clarify the referee’s thinking in the case of copyright infringement disputes of online short videos,so as to effectively regulate the copyright infringement of online short videos.