Research On The Recognition Of Copyright Infringement By Secondary Creation Of Short Videos

The second creation of short videos has occupied the main seat in the entertainment mode of fragmentation time for the public,and the legal issues caused by it have attracted a lot of attention.It has the attribute of using copyrighted works as the production blueprint for re creation,but usually does not obtain prior authorization from the rights holder,which has led to a series of infringement disputes.Therefore,the issue of determining the infringement of copyright by secondary creation of short videos is worth analyzing and discussing.Secondary creation of short videos refers to the act of the secondary creator,without the permission of the prior rights holder,using cutting,editing,and other means to intercept fragments of the previous work,mix and match them to form short videos and disseminate them on the platform.The cost of infringing upon copyright is relatively low,the identification of the infringing subject is difficult,and there are many types of rights that are endangered by the infringing act.Mastering the basic types of secondary created short videos is helpful for understanding the typological analysis of infringement determination.The balance of interests between copyright owners and the public is the value goal pursued by copyright law.The game between copyright protection,creative freedom,and literary and artistic criticism freedom in the field of secondary short videos keeps the balance of interests in a dynamic state.The essence of determining the infringement of copyright by secondary short videos lies in the coordination of interests between the copyright owners and the public.The determination of infringement by secondary creators first lies in the judgment of lack of originality.By focusing on the degree of conversion of short videos created by secondary creation to previous works,supplemented by examining creative intent and production techniques,a comprehensive judgment of whether short videos created by secondary creation lack originality becomes a feasible way out.Secondly,short videos created for the second time lack originality but meet the requirements of fair use and do not bear infringement liability.Quoting the core ideas and substantive content of the previous work or having a negative impact on the potential market or value of the previous work does not constitute fair use.The indirect infringement of short video platforms lies in the subjective fault of the platform,which can be judged from two aspects: the platform’s failure to take necessary measures with "knowledge or should have known" and the platform’s violation of the "notice delete" rule without "knowledge or should have known".The secondary creator uses audiovisual works that are "professionally produced and have complete content",and the platform uses algorithm recommendation technology,which can be referred to as "knowing or should know" by the recognized platform;The validity of a "notice" should not be denied solely due to its flaws,and the impact of the flaws still needs to be analyzed on a case by case basis;Although "deletion" is an obligation of the platform,it is still subject to reasonable limitations of "timeliness" and "necessity",and detailed regulations should be made on a hourly basis,taking into account the type of platform services.