Research On Infringement Of Short Video Clips In Film And Television

The rise of short video and the integration of business models have spawned a traffic economy,and also brought about the type of short video clips in film and television editing,followed by severe infringement allegations in the film and television industry.The short film and television clips that are deeply questioned about infringement have not only not decreased,but have evolved into various forms.This paper analyzes the infringement problem from the perspective of the short video clips in the film and television clips on the platform,and intends to put forward useful suggestions for infringement governance,and the paper is divided into four parts:The first part is an overview of the infringement of short videos in film and television clips.Starting from the concept of short video editing in film and television editing,the types and current status of infringement are analyzed,and the infringement of short videos in film and television editing is divided into two categories: "handling infringement" and "secondary creation infringement" based on the degree of creation,and the causes of various types of infringement are explained respectively.The second part selects typical cases in practice and analyzes their legal nature in light of the current copyright laws and regulations according to the classification of "portage infringement" and "secondary creation infringement".Through analysis,it is concluded that the infringement of the short video of the handling film and television clip is confirmed,but although some secondary creation short videos are infringing according to the existing laws and regulations,they do have the possibility of constituting fair use.Therefore,the author proposes that two types of infringement should be classified and implemented.The third part analyzes the current situation of infringement regulation through the relevant legal provisions on the regulation of short video infringement of film and television clips,and concludes that there are problems such as platform liability escape under the "notice-delete" rule in the regulation of short video infringement in film and television editing;the criteria for determining fair use are not perfect,and the relevant rules are "one-size-fits-all" prohibition of editing.The fourth part puts forward suggestions for improving the governance of infringement from the perspective of categorical policies,and puts forward corresponding suggestions based on the causes of infringement and the issue of infringement regulation in the previous analysis.In view of the handling infringement,it is necessary to crack down hard,and adopt measures such as legislation to improve the platform’s prior review obligations,improve the "notice-delete" rule,increase the punishment of infringement,strengthen industry self-discipline and industry co-governance,and other measures to crack down on handling infringement throughout the chain.In view of secondary creation infringement,from the perspective of balancing interests and protecting the public’s creative freedom,we will maximize the space for legal secondary creation by improving the fair use system and broadening the channels of authorization,and reduce secondary creation infringement.