In recent years,short videos have developed rapidly,and multiple network service providers have gradually occupied people’s vision driven by short videos.With the continuous popularization of network technology,video editing and production technology are no longer an operation that can only be used by professionals.More and more ordinary short video users have also joined the second creation of short videos,thereby This makes the second-time short video a section that cannot be underestimated in the short video industry,and the various copyright infringement issues caused by it are also increasing.This article pointed out a series of issues in the current secondary creation short video copyright infringement identification,and how to better balance the interests of multi-party interests,how to regulate the interests of how to deal with such problems and the lack of the system,and how to regulate the interests of many parties.Related phenomenon.In order to alleviate the above problems and ensure that the short video industry can continue to develop well and find the way to solve.This paper will be divided into four parts for specific elaboration.This article will be divided into four parts for details.The first part is mainly to summarize the basic concepts and definitions,classification and other theoretical knowledge of the second-creation short video.By summarizing the concepts of short videos and secondary creation short videos,and different types of different types of short videos and detailed explanations of various types of short videos,we can find more and more UGC secondary two-time creation short videos and OGC The division of the line between the two-time creation short video gradually blurred,which caused the increase in infringement.The second part,this part is the core part of this article.Through the detailed introduction and analysis of the typical cases of the second-creation short video,it leads to the problems existing in the identification of copyright infringement of the second creation short video.Mainly include the following,the problem of uniformity of original standards is not uniform;second,the issue of adaptation behavior and secondary creative boundary is blurred;third,the problem of protecting the complete rights of the work and the blurred boundary of the right to modify the rights;fourth,the "Appropriate Quotation" stipulates unknown issues;fifth,reasonable use of applicable standards is not uniform.In the third part,through the comparative study of foreign legislation,the legislation of two countries or regions and organizations are cited for each of the above-mentioned problems,and the experiences and legislative models worthy of our legislation are drawn from them.The third part,through the comparative study of foreign legislation,the legislation of the two countries or regions and organizations is listed in detail about each of the above issues,and the experience and legislative model worthy of my country’s legislation is drawn from the legislation.Finally,we will make corresponding improvement suggestions for the above problems.When determining whether there is a copyright infringement in the secondary creation short video,we must first unify the identification standards of the originality.Secondly,the standard of infringement standards is needed,and the use of reasonable use rules in practice must be improved.Only in this way can we clearly determine the secondary video copyright infringement in specific practice,better weighing the interests of multi-party interests,and promoting the further healthy and stable development of the short video industry. |