Research On Copyright Issues Of Short Video Interpretation Of Film And Television

The increasing popularity of Internet technology has given rise to the emergence of a number of new industries,and short videos with strong communication and interaction,low professional threshold requirements,short and concise length,etc.have gradually appeared in the vision of the majority of Internet users,and the daily use of fragmented time "swipe video" has become one of the main ways of leisure and entertainment.Among all kinds of short videos,the number of short videos of film and television interpretation occupies a great proportion.The creation method of short video interpretation is the secondary creation with the content of the original film and television works,i.e.editing and arranging the original film and television works,and then with the creator’s own personalized interpretation.However,copyright infringement of short videos of film and television interpretation has been frequently occurring in recent years,and the dilemma of its governance lies in the insufficient regulation of such infringement by law,which leads to the ineffective governance.The difficulty in determining the originality of short videos of film and television interpretation,which are rich in types,lies in the lack of clear criteria in the legislation.As an important mechanism to balance the interests between the original and secondary creators of film and television works,the fair use system has important theoretical significance in determining whether short videos of film and television commentaries infringe on copyright.In judicial practice,the selection and arrangement of the images and whether the interpretation part has the unique thought and emotion of the person to determine whether the work is fair use,which may result in different judgments in the same case and indirectly affect the credibility of the judiciary.In addition,the current law is lagging behind in regulating the responsibilities and obligations of network service platforms,and the network service platforms,as service providers of short video publishing,usually abuse the "safe harbor" principle as an exemption clause to cause damage to the legitimate interests of copyright owners.In view of the above problems,it is urgent to improve the fair use system and the "safe harbor" principle in China,reasonably draw on the overseas experience of the "convertible use" rule,clarify the duty of care of online service platforms,and strengthen the protection of the interests of copyright owners of film and television works,seeking synergy between secondary creators and copyright owners of film and television works can also promote the high-quality development of social and cultural industries.