Conflict Of Interest And Coordination In The Re-creation Of Short Video Under The Perspective Of Copyright Law

With the development of the short video industry,it is more and more common to use previous works for re-creation and release them in the form of short video.Through the investigation in the perspective of copyright law,it is found that it is difficult for the second creation user to obtain the copyright license,the exercise of the rights of the first work is not standardized,and the right ownership clause and responsibility sharing clause in the user agreement of the short video platform are not set up.There are some conflicts of interest between the copyright owners of the first works,the short video platform and the users of the second created short videos.The causes are the limitations of the legislative norms of the copyright related systems,the deviation of judicial application from the actual short video industry,and the lack of copyright supervision of the second created short videos.In order to coordinate the above conflicts of interest,scholars have put forward theoretical models such as tolerance,implied permission,ordinary permission,knowledge sharing agreement and collective organization management license,but all of them have limitations.In terms of the basic idea of interest coordination,the basic principle of interest balance should be established,the protection mode of classification and coordination should be adopted,the coordination measures of technical participation should be applied,the supervision path of multiple governance should be selected,and the interest coordination mechanism in the second creation of short video should be comprehensively constructed.In terms of legislative norms,we should clarify the originality judgment criteria of re-creation of short video,refine the rational use of re-creation of short video,introduce the legal licensing system in the field of re-creation of short video,set up the new licensing mode of re-creation of short video;in terms of judicial application,flexibly apply "three-step inspection standard",strictly apply "notice-deletion rule",improve the compensation standard for copyright infringement,and reasonably distinguish the effectiveness of short video platform;in terms of supervision,it is necessary to clarify the supervision subject,strengthen supervision,enrich the supervision mode,and strengthen the infringement punishment,so as to strengthen the copyright supervision of re-creation of short video.