Research On Copyright Infringement In Short Video Market

With the popularity of mobile intelligent communication equipment and the super high data transmission speed brought by the fourth generation mobile communication technology,using smart phones to "surf the Internet" has become the mainstream choice of people,and has greatly strengthened people's acceptance of various mobile Apps.Depending on the short video length,clear theme and "digestion in one mouthful",users can make full use of the characteristics of fragmented time entertainment.Short video has been given new life in the mobile era,successfully attracted the attention of a large number of users and quickly seized people's mobile screen.In 2016,a large number of mobile short video applications such as Pear Video,Tencent Micro Video and Watermelon Video were introduced,and the capital market continued to heat up.Short video content producers are exploding,and the short video industry is facing a period of rapid development.In 2017,the short video industry reached 5.73 billion yuan,an increase of 183.9% over the previous year.It can be predicted that in the next 1-2 years,the short video platform will increase a large number of business opportunities,and by 2020 it will probably reach a market scale of more than 30 billion yuan.Short video not only shortens the length of video,but also speeds up the speed of video transmission on the network.Compared with traditional video,short video has the characteristics of low threshold,short duration,clear theme,strong social and interactive,and it is more convenient in network distribution and dissemination.This can attract a large number of high-quality traffic,combined with its multi-level audience and diverse expression,so it is favored by advertisers.In addition to making profits from traditional patch advertisements and information stream advertisements,short videos can also be embedded in the shooting content with soft advertisements,expressing advertisers' demands through brand exposure,plot embedding and anchor dictation,and even professional customized short videos have appeared.Short video traffic directly determines profits,so some short video copyright owners not only do not prohibit,but encourage free sharing,forwarding and dissemination of short video.In judicial practice,there are many kinds and quantities of short videos,which involve complex rights and interests.The main focus of controversy is whether short video should be protected as "similar to electricity" works or "video" works.How to apply the "safe haven" rule correctly? At this time,the original analysis of all kinds of short videos and the division of rights and obligations of all parties in the legal relationship are conducive to providing a solid theoretical basis for the protection of copyright of short videos and promoting the orderly and prosperous development of the short videos economy.There are four parts in this paper.The first part is an overview of short video.It mainly introduces the definition of short video,the development status of short video economy and the profit model,and points out the typical cases and controversial focus in the field of short video,which will help people form an intuitive understanding of the short video industry.The second part is the copyright of short video.Short video,as an intellectual achievement,should be protected in the scope of copyright law,and it should meet three conditions: 1.expression in the field of humanities or science;2.reproducibility;3.originality.Among them,which kind of original standard is applicable is a difficult problem in real cases.By comparing different originality standards at home and abroad,this paper lays a theoretical foundation for the application of short video originality standards.The third part is the original judgement of different types of short video.Short videos can be roughly divided into four different types according to different characteristics.The author classifies different short videos and combines specific judicial cases to determine the scope of rights for different types of short videos.The fourth part is the application of the "haven" rule in short video infringement cases.In most cases of short video infringement,the defendant defends against the "haven" rule.The author clarifies the responsibilities and obligations of the short video platform by analyzing the applicable conditions of the rules of "safe haven" one by one and combining with the specific judgments of judicial organs.The main innovations of this paper are as follows: 1.The topic is novel,and the new short video works are taken as the research object;2.Combining with specific cases,the scope of rights protection for different types of short video is determined.