Research On Issues Related To Short Video's Copyright Protection

Because of the fast-paced life style and the time management of fragmentation,people have made higher demands for information acquisition and social mode,get the required information in a limited time and meet the social interaction needs,based on this,the "short-video" comes into being.In this paper,the author defines the shortvideo as a new video mode,which is different from the traditional long video in the production and content output,it can be taken,edited,uploaded and shared in real time through a special platform,and has the characteristics of high-intensity social and interactive.In order to meet the demand of people present reading and consumption habits,the short-video industry has developed rapidly in recent years,the short-video platforms and applications have been put into the market successively,which has also caused many cases of torts in the development of the power-assisted culture.Since last year,the departments concerned have carried out a series of activities to combat short-video torts,and put in place corresponding industry norms to deal with short-video infringement.At the same time,the initiative has attracted the attention of the academic circle,the short-video and the copyright problem are already placed in the front of the legal person,mainly concerned: Whether all the short-videos can be identified as works,thus protected by the copyright law;What is the copyright protection scope of short-video works;Whether different types of short-video's copyright content is the same or not;In order to reduce the occurrence of short-video infringement,how the copyright law protect the original works effectively,and what measures should be acted by related department.Based on the existing legal system of our country,this paper makes a legal analysis of short-video problems and its copyright,explores the concrete measures to solve the infringement disorder combined with the relevant theories at home and abroad as the research path of this paper.The main part of this paper involves four aspects,as follows:The first chapter is whether the short-video is a work.On the whole,this chapter arranges and introduces the research object "short-video" which runs through the full text: First,according to combing the thought and expression dichotomous method and originality standard of works in traditional copyright law,this chapter paves the way for analyzing whether short-video can become a work in the sense of copyright law;Secondly,it expounds the meaning and characteristics,types and originality of shortvideo,and the content and scope of copyright in different types,which lays a theoretical foundation for the later study of its infringement.Finally,according to comparing with the traditional video,this paper defines the short-video,and summarizes its particularity.The second chapter is short-video's copyright infringement.This chapter studies the defense of traditional copyright infringement while launching short-video infringement.On the one hand,through the relevant data to demonstrate the development of short-video industry caused by the infringement of chaos need to use relevant measures to regulate.On the other hand,the relevant rules of defense of foreign tort identification are introduced in detail,and combined with the existing regulations of our country,the situation of short-video infringement identification is investigated.The third chapter is a study on the system of short-video's copyright protection.According to the controversial focus of short-video infringement cases in recent years,the author summarizes that the main problems existing in the copyright of short-video are related to the fair use system of short-video,the licensing system of short-video and the retention system of the author statement.The systematic analysis of the above problems is helpful to put forward feasible countermeasures to solve problems,which proves that the copyright infringement problem of short-video is not caused by a single factor,but by multiple factors.The fourth chapter is about the perfection of short-video's copyright protection system.Including perfect the system of short-video fair use,perfect the short-video license system,improve the retention system of author statement and develop theintelligent analysis technology of short-video content.In order to reduce the occurrence of short-video infringement,the "transformative use" theory can be introduced based on changing the fair use of closed-type regulations;The two-track license mode including implied license and authorization license is considered in the short-video field;It also requires that the author issues prohibit of use statements and publication at the same time;In addition,it should also develop the intelligent analysis technology of short video content.Through the exposition and analysis of above four chapters,this paper summarizes the main problems to be solved in order to reduce the probability of short-video infringement,and puts forward some corresponding suggestions for the specific problems,aiming at ensuring that the copyright owner controls the proprietary rights while maintaining the benign development of the short-video industry.It is hoped that this paper will be helpful to solve this kind of infringement cases and promote the cultural exchange and dissemination in our country.