| On April 23,2018,the National Copyright Administration's Network Copyright Research Base released the "China Internet Copyright Industry Development Report(2018)".The report shows that the number of online live broadcast users in China reached 422 million in 2017,and the industrial market has reached nearly 40 billion.Along with the obvious economic benefits of webcasting,the increase of copyright disputes is due to the fact that the copyright attribute and rights of the live broadcast video cannot be found in the current "Copyright Law".In the case of attributes and vesting,the outcomes of different court decisions are not the same.Originality is defined as the establishment of copyright works.At present,there is no clear originality standard in China's "Copyright Law".In the judicial practice,the originality identification standards of different works are very different,and the originality problem has become a hot topic in academic circles.As far as the existing research on webcast video is concerned,in the research of its copyright attribute,some researchers believe that live video is not original,so it is difficult to become a copyrighted work.In contrast,it is considered that content creation and screen can be created.Designed as a copyright standard.The copyright attribution problem of the related live webcast video is more complicated because of the multiple subjects involved in the live broadcast platform,anchor,brokerage company,and audience.This paper takes webcast video as the research object and studies its copyright attribute and rights attribution.The main body of the paper is divided into five parts.The first part is the introduction.Mainly to summarize the relevance of this study.It mainly summarizes the significance and purpose of the research,summarizes the research of the predecessors,and the research methods,framework and innovation of this paper.The second part is the meaning and type of live video.The meaning of the live webcast video studied in this paper is defined by the communication technology,the mode of communication and the content attribute of the webcast.According to the live content,the live terminal,the source of the live content,and the live broadcast body,the type of the live broadcast video is divided;the third part is the copyright attribute of the live broadcast video.After defining the meaning and type of live video,combined with the originality of foreign copyright law,according to the characteristics of the live broadcast video,it points out that originality is the standard that defines the copyright attribute of live web video,and the live broadcast video meets the originality standard.It is an audio-visual work.The live webcast video that does not meet the originality standards is a sound recording and video product;the fourth part is the rights and obligations of the webcast video copyright subject.The copyright subject of the live webcast video as an audiovisual work has the corresponding rights and corresponding obligations,and the division of rights and obligations is the principle of fairness and efficiency.The copyright subject is divided into the author of the factual and the legal person,the author and original author,the individual author and the co-author;the fourth part is the rights and obligations of the subject of the live broadcast video.The subject of the right to receive the live broadcast video as a recording and video product has the corresponding rights and corresponding obligations.The main body of the live webcast video has audio and video producers,performers and broadcast organizers.In the conclusion part,the research process of the previous article is comprehensively summarized,and it is concluded that some of the live webcast videos should be copyrighted and protected.Reasonable network live video copyright attribution can not only balance the interests of all parties,but also promote the development and utilization of the network live broadcast market,and stimulate the conclusion of the good and orderly development of the live broadcast industry. |
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