Study On Cases Of Short Video's Copyright Infringement

The popularity of 4G network and the reduction of flow tariff make information transmission more and more convenient.The emergence of touch screen mobile terminals provides a new carrier for video content.With the increase of fragmentation time in modern society,users' need to express their individuality creates objective conditions for the popularity of short videos.The application of big data analysis and intelligent recommendation brings traffic and commercial value to the short video from the media.Under the impetus of technological innovation,the short video industry has become the outlet for the content entrepreneurship of the whole people.With the rapid development of the short video market,copyright infringement under the digital network environment is coming along.Through the case study,it is of great significance to define the concept of short video works and to clear the scope of rights protection.It is of great significance to regulate short video copyright infringement and promote the health of short video market.This thesis is divided into the following four parts:The first chapter,after analyzing the characteristics of short video,combines the research reports of various Internet institutions to define short video as a length to a second count,which can be captured,edited,uploaded and played through a special short video platform,which can be shared in real time.After comparing the original standards of the case law system and the continental law system,according to the characteristics and the creation process of the short video works,it is proposed thatthe standard of originality is to fully display the author's individualized choice under the premise of satisfying the completion of the independent creation.According to the form of short video works,it can be protected as movie works or similar movie works and videos works.The second chapter,taking the case of "X minutes to see the movie" series,introduces the infringement disputes caused by the short video of the movie commentary,and analyzes the challenges that our country's fair use system faces in the digital network environment.With the formation of the independent market of short videos,the status of "quantity and proportion of works" has changed in the identification of infringement.Since the current copyright law in our country does not stipulate general provisions for fair use,the existing provisions are difficult to apply to all cases,making the conflict between the follow-up users and the original right holders constantly intensifying.Therefore,it is necessary for the copyright law to make corresponding adjustments so as to achieve the balance of interests among different parties in the new pattern.The third chapter,taking the case of " The Big,the Bold,the Beautiful " as an example,introduces the infringement disputes caused by entertainment scenario video,analyzes the four considerations of the fair use system in the United States,and compares the case with the GuAmo's case.In the case of "the number and proportion of the use of the works" is not conducive to the fair use of the case.The importance of "purpose transformation" in judging is discussed.After summarizing the development process of the fair use system in the United States,it is necessary to demonstrate and transform the theory of "transformational use" in China under the new technological environment.The fourth chapter,on the basis of the first three chapters,puts forward various suggestions for the regulation of short video copyright infringement.First of all,we should enhance the duty of care of short video professional platform while making clear the duty of attention of different subjects.Secondly,the short video platform should actively use the technical means.The first time the short video uploaded to the platform and the rights works in the copyright library are comparedand analyzed to quickly identify the short video of the infringement.Rights holders should strengthen copyright awareness,and try to use online copyright service platform to achieve quick registration and rights protection.Finally,with the help of the Internet mode,a new mode of copyright licensing is explored to maximize the economic interests of the owners and users of the works,and to promote the development of the short video industry.