Research On Issues Related To Short Videos In Movie Interpretation's Copyright Infringement

In recent years,a large number of short videos in movie interpretation have been released on various short video platforms.These short videos select the core content of the movie and the main storyline of the story,and use the original movie work material to be processed into a streamlined version and incorporate certain commentary.Although this kind of short video is created by the second time,if it has a recognizable difference with the original movie work,it can reflect the unique intellectual judgment and choice of the producer,and can be considered to be original and constitute the works in the sense of copyright law.However,originality is only one of the conditions for a result to constitute a work,and it is not a criterion for determining whether the result is an infringing work.Because such short video producers usually splicing and uploading movie works to the Internet without the permission of the copyright owner,if the behavior is not within the scope of fair use as stipulated in the Copyright Law,the movie works are infringed.The short video of the movie commentary is faithful to the original work,and does not deviate from the basic expression of the original work,and constitutes the deductive works of the original movie works,rather than the parody works.Although the original interpretations and comments that the producers have joined can achieve a certain ironic effect,the content and ideas presented are essentially the same as the original movie.The use of fragments of a movie work infringes the copyright owner's right of reproduction and deduction without the permission of the copyright owner of the movie work.According to the interpretation path of the three-step test method,the use of movie works fragments is not an appropriate reference in the copyright law,and affects the normal use of the original movie works,unreasonably damages the legitimate interests of the copyright holders.Short video of the movie commentary does not constitute a reasonable use.According to the general rules of copyright infringement,the infringing subjects involved in the legal relationship of short movie copyright infringement of movie interpretation include content creators and short video platforms.The short video platform can be divided into content providers and technical service providers,and the copyright responsibility of the platform should be determined according to the services provided.For content creators,they are responsible for direct infringement.For the technical service platform,it bears the responsibility of indirect infringement.The premise of taking responsibility is subjectively aware of the specific infringement behavior,and objectively there is an act of violating the duty of care.The infringement problem of the short video of the movie commentary cannot be solved only by the copyright owner's rights protection.The existing administrative supervision measures also have certain limitations.The current licensing model can no longer meet the demand of mass authorization.In the face of a large number of short videos,it is urgent to take effective measures to identify the infringements.The relevant technical measures in the video field have been relatively mature at this stage,and short video platforms and rights holders can take technical measures to prevent infringement.At the same time,the new copyright licensing model "cc license" provides a new way for short video creators.Combining the characteristics of cc licenses with the particularity of movie works,there is a certain foundation and feasibility for applying cc licenses to the movie works.If the short video platform can manage the cc-authorized movie works in a unified manner,then it can uniformly distribute the copyright revenue generated by the movie works,thus not only protecting the copyright income of the copyright owner but also stimulating the motivation of the platform user for secondary creation.