Research On Copyright Law Of Short Video

Nowadays,with the rapid development of network technology,information changes rapidly and frequently,social patterns are increasingly diversified.In this context,short videos,with their short length,rich content and fast production mode,greatly meet the needs of users.The industry characteristics brought by this new industry not only enrich the developing theoretical system,but also bring some legal problems.The first is whether the content of the short video belongs to the object protected by copyright law,and if so,how to define the property of the work.Second,in reality,the infringement of short video emerges in an endless stream.The boundary between short-video infringement and fair use is not very clear,which leads to obstacles in the specific application.The key to explore whether the content expressed in short videos constitutes a work of copyright law is to judge whether the short videos are original.Originality is qualitative,not quantitative.Therefore,as long as the work is created by the author himself,not by copying the work of others,and reaches the minimum level of creation,it meets the originality standard and should be protected by China's copyright law.According to this,we can divide short video into motion pictures or kinescopes for protection.There is no essential difference between the right subject and the right object in the short video and the general subject.However,in terms of the limitation of rights,it is necessary to explore the specific application of fair use system in the field of short video,and to define the scope of the limitation of rights in combination with the abstract four-element law,so as to clarify the boundary between infringement and fair use of short video.For the common infringement problems of short videos,the problem of infringement determination of short video platforms as the main media for communication is particularly important.The focus of the platform infringement liability determination should be to determine subjective faults.In the specific application,we should mainly consider the "safe harbor rules","red flag standard" and the duty of care of the platform.In view of the above two aspects of the problem,in the short video copyright law protection path choice,we should follow the principle of interest balance,combined with the relevant foreign legislative experience,improve the specific content of the "safe harbor principle" in our country,comprehensively improve the short video platform duty of care.Atthe same time,in order to promote the short video industry healthy and orderly development,it is necessary to explore the establishment of a new mode of implied copyright license under the Internet mode,introduce and reconstruct the "transformational use" under the American fair use system.